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A C T S

RESOLVES

PASSED BY THE

General (^amt af Ulassadtusdts,

IN TIIK YEAR

18 8 3,

TOGETHER WITH

THE CONSTITUTION, THE MESSAGES OF THE GOVERNOR,

LIST OF THE CIVIL GOVERNMENT, CHANGES

OF NAMES OF PERSONS,

ETC., ETC.

PUBLISHED BY THE

SECRETARY OF THE COMMONWEALTH.

BOSTON :

WRIGHT & POTTER PRINTING CO., STATE PRINTERS,
No. 18 Post Office Square.
1883.

A CONSTITUTION

FORM OF GOVERNMENT

FOB THB

Commottljjealtij of iHassadjusett^^

PREAMBLE.

The end of the institution, maintenance, and administra- objects of
tion of government, is to secure the existence of the body K°^ernment.
politic, to protect it, and to furnish the individuals who
compose it with the power of enjoying in safety and tran-
quillity their natural rights, and the blessings of life : and
whenever these great objects are not obtained, the people
have a right to alter the government, and to take meas-
ures necessary for their safety, prosperity, and happiness.

The body politic is formed by a voluntary association Body politic
of individuals: it is a social compact, by which the whole its'^ature!^
people covenants with each citizen, and each citizen with
the whole people, that all shall be governed by certain
laws for the common good. It is the duty of the people,
therefore, in framing a constitution of government, to
provide for an equitable mode of making laws, as well as
for an impartial interpretation and a faithful execution
of them ; that every man may, at all times, find his secu-
rity in them.

We, therefore, the people of Massachusetts, acknowl-
edging, with grateful hearts, the goodness of the great
Legislator of the universe, in affording us, in the course
of His providence, an opportunity, deliberately and peace-
ably, without fraud, violence, or surprise, of entering into

CONSTITUTION OF THE

an original, explicit, and solemn compact witli each other ;
and of forming a new constitution of civil government,
for ourselves and posterity ; and devoutly imploring His
direction in so interesting a design, do agree upon, ordain,
and establish, the following Declaration of Rights^ and
Frame of Government, as the Constitution of the Com-
monwealth OF Massachusetts.

Eqnality and
natural rights of
all men.

Bight and duty
of public reli-
gious worship.
Protectiou
therein.
2 Gush. 104.
12 Allen, 129.

Amendment,
Art. XI. Bubstl-
tuted for this.

Legislature em-
powexed to com-
pel provision for
public worship ;

PART THE FIRST.

A Declaration of the Rights of the Inhabitants of the
Commonwealth of Massachusetts.

Article I. All men are born free and equal, and have
certain natural, essential, and unalienable rights ; among
wliich may be reckoned the right of enjoying and defend-
ing their lives and liberties ; that of acquiring, possessing,
and protecting property ; in fine, that of seeking and ob-
taining their safety and happiness.

II. It is the right as well as the duty of all men in
society, publicly, and at stated seasons, to worship the
Supreme Being, the great Creator and Preserver of the
universe. And no subject shall be hurt, molested, or
restrained, in his person, liberty, or estate, for worship-
ping God in the manner and season most agreeable to the
dictates of his own conscience ; or for his religious pro-
fession or sentiments ; provided he doth not disturb the
public peace, or obstruct others in their religious worship.

III. [As the happiness of a people, and the good order
and preservation of civil government, essentially depend
upon piety, religion, and morality; and as these cannot
be generally diffused through a community but by the
institution of the public worship of God, and of public
instructions in piety, religion, and morality : Therefore,
to promote their happiness, and to secure the good order
and preservation of their government, the people of this
commonwealth have a right to invest their legislature with
power to authorize and require, and the legislature shall,
from time to time, authorize and require, the several toAvns,
parishes, precincts, and other bodies politic, or religious
societies, to maicc suitable provision, at their own expense,
for the institution of the public worship of God, and for
the support and maintenance of public Protestant teachers
of piety, religion, and morality, in all cases where such
provision shall not be made voluntarily.

COMMONWEALTH OF MASSACHUSETTS.

And the people of this commonwealth have also a right
to, and do, invest their legislature with authority to enjoin
upon all the subjects an attendance upon the instructions
of the public teachers aforesaid, at stated times and sea-
sons, if there be any on whose instructions they can con-
scientiously and conveniently attend.

Provided, notwithstanding, that the several towns, par-
ishes, precincts, and other bodies politic, or religious socie-
ties, shall, at all times, have the exclusive right of electing
their public teachers, and of contracting with them for
their support and maintenance.

And all moneys paid by the subject to the support of
public worship, and of the public teachers aforesaid, shall,
if he require it, be uniformly applied to the support of the
public teacher or teachers of his own religious sect or de-
nomination, provided there be any on whose instructions
he attends ; otherwise it may be paid towards the suj)port
of the teacher or teachers of the parish or precinct in which
the said moneys are raised.

And every denomination of Christians, demeaning them-
selves peaceably, and as good subjects of the commonwealth,
shall be equally under the protection of the law : and no
subordination of any one sect or denomination to another
shall ever be established by law.]

IV. The people of this commonwealth have the sole
and exclusive right of governing themselves, as a free,
sovereign, and independent state ; and do, and forever
hereafter shall, exercise and enjoy every power, jurisdic-
tion, and right, which is not, or may not hereafter be, by
them expressly delegated to the United States of America,
in Congress assembled.

V. All power residing originally in the people, and
being derived from them, the several magistrates and
officers of government, vested with authority, whether
legislative, executive, or judicial, are their substitutes
and agents, and are at all times accountable to them.

VI. No man, nor corporation, or association of men,
have any other title to obtain advantages, or particular
and exclusive privileges, distinct from those of the com-
munity, than what arises from the consideration of ser-
vices rendered to the public ; and this title being in nature
neither hereditary, nor transmissible to children, or de-
scendants, or relations by blood, the idea of a man born a
magistrate, lawgiver, or judge, is ab«urd and unnatural.

VII. Government is instituted for the common good ;
for the protection, safety, prosperity, and happiness of the

and to enjoin
attendance
thereon.

Exclusive right
of electing icli-
gious teachers
secured.

Option as to
whom parochial
taxes may be
paid, unless, elo.

All denomina-
tions equally
protected.
8 Met. 162.
Subordination
of one sect to
another pro-
hibited.

Right of self-
government
secured.

Accountability
of all oflicers,
etc.

Services ren-
dered to the
public being Iho
only title to
peculiar pri%i-
leges, licredi-
tary offices are
absurd and
uuuatural.

Objects of gov
ernment; right
of people to

CONSTITUTION OF THE

institute and
change it.

Right of people
to secure rota-
tion in oiUce.

All, having the
qualilicatiuna
prescribed,
equally eligible
to office.
For the defini-
tion of "inhabit-
ant," see Ch. 1,
Sect. 2, Art. II.
Right of protec-
tion and duty of
contribution
correlative.
Taxation found-
ed on consent.
16 Mass. 326.
1 Pick. 418.
7 Pick. 344.
12 Pick. 184, 467.
16 Pick. 87.
23 Pick. 360.
7 Met. 388.
4 Gray, 474.
7 Gray, 363.
14 Gray, 154.
1 Allen, 150.
4 Allen, 474.
Private prop-
erty not to be
taken for public
uses without,

6 C'ush. 327.

Remedies, by
recourse to the
law, to be free,
complete and
prompt.

Prosecutions
regulated.
8 Hck. 211.
10 Pick. 9.
18 Pick. 434.

people ; and not for the profit, honor, or private interest
of any one man, family, or class of men : Therefore the
people alone have an incontestible, unalienable, and inde-
feasible right to institute government; and to reform,
alter, or totally change the same, when their protection,
safety, prosperity, and happiness require it.

VIII. In order to prevent those who are vested with
authority from becoming oppressors, the people have a
right, at such periods and in such manner as they shall
establish by their frame of government, to cause their
public officers to return to private life ; and to fill up
vacant places by certain and regular elections and appoint-
ments.

IX. All elections ought to be free ; and all the inhab
itants of this commonwealth, having such qualifications as
they shall establish by their frame of government, have an
equal right to elect officers, and to be elected, for public
employments. 122 Mass. 595, 596.

X. Each individual of the society has a right to be
protected by it in the enjoyment of his life, liberty, and
property, according to standing laws. He is obliged, con-
sequently, to contribute his share to the expense of this
protection ; to give his personal service, or an equivalent,
when necessary : but no part of the property of any indi-
vidual can, with justice, be taken from him, or applied to
public uses, without his own consent, or that of the repre-
sentative body of the people. In fine, the people of this
commonwealth are not controllable by any other laws
than those to which their constitutional representative
body have given their consent. And whenever the pub-
lic exigencies require that the property of any individual
should be appropriated to public uses, he shall receive a
reasonable compensation therefor.

14 Gray, 155. 12 Allen, 223, 230. 108 Mass. 202, 213. 126 Mass. 428, 441.

16 Gray, 417, 431. 100 M.ass. 544, 560. Ill Mass. 1.30. 127 Mass. 50, 52,

1 Allen, 150. 103 Mass. 120, 124. 113 Mass. 45. 358, 303, 410, 413.

11 Allen, 530. 106 Mass. 356, 362. 116 Mass. 463. 129 Mass. 559.

XI. Every subject of the commonwealth ought to find
a certain remedy, by having recourse to the laws, for all
injuries or wrongs which he may receive in his person,
property, or character. He ought to obtain right and
justice freely, and without being obliged to purchase it;
completely, and without any denial ; promptly, and without
delay ; conformably to the laws.

XII. No subject shall be held to answer for any crimes
or offence, until the same is fully and plainly, substantially,
and formally, described to him ; or be compelled to accuse,

COMMONWEALTH OF MASSACHUSETTS.

or furnish evidence against himself. And every subject
tihall have a right to produce all proofs that may be
favorable to him ; to meet the witnesses against him face
to face, and to be fully heard in his defence by himself,
or his counsel, at his election. And no subject shall be
arrested, imprisoned, despoiled, or deprived of his prop-
erty, immunities, or privileges, put out of the protection
of the law, exiled, or deprived of his life, liberty, or estate,
but by the judgment of his peers, or the law of the land.

100 Mass. 287, 295.
103 Mass. 418.
107 Mass. 172, 180.

108 Mass. 5, 6.
118 Mass. 443, 451.
120 Mass. 118, 120.

122 Mass. 332.
124 Mass. 464.

127 Mass. 550, 554.
129 Mass. 559.

And the legislature shall not make any law that shall
subject any person to a capital or infamous punishment,
excepting for the government of the army and navy, with-
out trial by jury.

Xni. In criminal prosecutions, the verification of facts,
in the vicinity where they happen, is one of the greatest
securities of the life, liberty, and property of the citizen.

XIV. Every subject has a right to be secure from all
unreasonable searches, and seizures, of his person, his
houses, his papers, and all his possessions. All warrants,
therefore, are contrary to tliis right, if the cause or founda-
tion of them be not previously supported by oath or affir-
mation, and if the order in the warrant to a civil officer, to
make search in suspected places, or to arrest one or more
suspected persons, or to seize their property, be not accom-
panied with a special designation of the persons or objects
of search, arrest, or seizure : and no warrant ought to be
issued but in cases, and with the formalities prescribed by
the laws.

XV. In all controversies concerning property, and in
all suits between two or more persons, except in cases in
which it has heretofore been otherways used and practised,
the parties have a light to a trial by juiy ; and this method
of procedure shall be held sacred, unless, in causes arising
on the high seas, and such as relate to mariners' wages,
the legislature shall hereafter find it necessary to alter it.

114 Mass. 388, 390.
120 Mass. 320, 321.

122 Mass. 505, 516.

123 Mass. 590, 593.

125 Mass. 182, 188.
128 Mass. 600.

XVI. The liberty of the press is essential to the secu-
rity of freedom in a state : it ought not, therefore, to be
restrained in this commonwealth.

XVII. The people have a right to keep and to bear
arms for the common defence. And as, in time of peace,
armies are dangerous to liberty, they ought not to be
maintained without the consent of the legislature ; and

121 Pick. 542.
2 Met. 329.
12 Cush. 248.

1 Gray, 1.

5 Gray, 160.
8 Gray, 329.

10 Gray, 11.

11 Gray, 438.

2 Allen, 361.

11 Allen, 238-
240, 264, 439,
473.

12 Allen, 170.
97 Mass. 570,
673.

Right to trial by
jury in criminal
cases, except,

8 Gray, 329, 373.
103 Mass. 418.

Crimes to be
proved in the
vicinity.
2 Pick. 550.
121 Mass. 61, 62.
Riglit of search
and seizure
regulated.
Const, of U. 8.,
Amend't IV.
2 Met. 329.
5 Cush. 369.
1 Gray, 1.
13 Gray, 454.
10 Allen, 403.
100 Mass. 136,
139.

126'Mas8. 269,
273.

Right to trial by
jury sacred, ex-
cept, etc.
Const, of U. 8.,
Amend't. VU.
2 Pick. 382.

7 Pick. 366.
5 Gr.ay, 144.

8 Gray, 373.
11 Allen, 574,
577.

102 Mass. 45, 47.

Lil)orty of the
press.

Right to keep
and bear arms.
Standing armies
dangerous. Mil-
itary power sub-
ordinate to civil.
6 Gray, 121.

CONSTITUTION OF THE

Moral qualiflca-
tious for oflice.

Moral obli?a-
lions of lawiriv-
fis and magis-
trates.

Right of people
to instruct rcp-
rosenlaiives and
petition legisla-
ture.

Power to euB-
pend the laws or
their execution.

Freedom of de-
bate, etc., and
reason thereof.

Frequent ses-
Bions, and ob-
jects thereof.

Taxation found-
ed on consent.
8 Allen, 247.

Ex pout facto
laws prohibited.
12 Alien, 4-21,
424, 428. 434.

Le^'sl.iture not
to convict of
treason, ntc.

the military power shall always be held in an exact subor-
dination to the civil authority, and be governed by it.

XVIII. A frequent recurrence to the fundamental
principles of tlie constitution, and a constant adherence
to those of piety, justice, moderation, temperance, indus-
try, and frugality, are absolutely necessary to preserve the
advantages of liberty, and to maintain a free governments
The people ought, consequently, to have a particular atten-
tion to all those principles, in the choice of their officers
and representatives : and they have a right to require of
their lawgivers and magistrates an exact and constant
observance of them, in the formation and execution of the
laws necessary for the good administration of the common-
wealth.

XIX. The people have a right, in an orderly and peace-
able manner, to assemble to consult upon the common
good ; give instructions to their representatives, and to
request of the legislative body, by the way of addresses,
petitions, or remonstrances, redress of the wrongs done
them, and of the grievances they suffer.

XX. The power of suspending the laws, or the execu-
tion of the laws, ought never to be exercised but by the
legislature, or by authority derived from it, to be exercised
in such particular cases only as the legislature shall ex-
pressly provide for.

XXI. The freedom of deliberation, speech, and debate,
in either house of the legislature, is so essential to the
rights of the people, that it cannot be the foundation of
any accusation or prosecution, action or complaint, in any
other court or place whatsoever.

XXII. The legislature ought frequently to assemble
for the redress of grievances, for correcting, strengthening,
and confirming the laws, and for making new laws, as the
common good may require.

XXIII. No subsidy, charge, tax, impost, or duties
ought to be established, fixed, laid, or levied, under any
pretext whatsoever, without the consent of the people or
their representatives in the legislature.

XXIV. Laws made to punish for actions done before
the existence of such laws, and which have not been de-
clared crimes by preceding laws, are unjust, oppressive,
and inconsistent with the fundamental principles of a free
government.

XXV. No subject ought, in any case, or in any time,
to be declared guilty of treason or felony by the legisla-
ture.

COMMONWEALTH OF MASSACHUSETTS.

XXVI. No magistrate or court of law shall demand
excessive bail or sureties, impose excessive fines, or inflict
cruel or unusual punishments.

XXVH. In time of peace, no soldier ought to be quar-
tered in any house without the consent of the owner ; and
in time of war, such quarters ought not to be made but
by the civil magistrate, in a manner ordained by the legis-
lature.

XXVIII. No person can in any case be subject to law-
martial, or to any penalties or pains, by virtue of that law,
except those employed in the army or navy, and except
the militia in actual service, but by authority of the legis-
lature.

XXIX. It is essential to the preservation of the rights
of every individual, his life, liberty, property, and charac-
ter, that there be an impartial interpretation of the laws,
and administration of justice. It is the right of every
citizen to be tried by judges as free, impartial, and inde-
pendent as the lot of humanity will admit. It is, therefore,
not only the best policy, but for the security of the rights
of the people, and of every citizen, that the judges of the
supreme judicial court should hold their oiSces as long as
they behave themselves well ; and that they should have
honorable salaries ascertained and established by standing
laws.

XXX. In the government of this commonwealth, the
legislative department shall never exercise the executive
and judicial poAvers, or either of them : the executive shall
never exercise the legislative and judicial powers, or either
of them : the judicial shall never exercise the legislative
and executive powers, or either of them : to the end it
may be a government of laws and not of men.

Excessive bail or
tines, and cruel
punisluiicnts,
proliibited.
6 Gray, 482.
No soldier to be
quartered in any
bouse, unless,
etc.

Citizens exempt
from law-mar-
tial, unless, etc.

Judges of su-
preme judicial
court.

3 Pick. 471.
1 Gray, 472.

4 Allen, 591.
7 Allen, 385.
105 Mass. 219,
221, 225.
Tenure of their
office.

Salaries.

Separation of
executive, judi-
cial, and legis-
lative depart-
ments.
2Cusb. 577.
2 Allen, 361.
8 Allen, 247, 233.
100 Mass. 282,
2SG.

114 Mass. 247,
249.

116 M.-188. 317.
129 Mass. 559.

PART THE SECOND.

The Frame of Cfovernment.

The people, inhabiting the territory formerly called the TitieofboJy
Province of Massachusetts Bay, do hereby solemnly and ^°''"''
mutually agree with each other, to form themselves into a
free, sovereign, and independent body politic, or state, by
the name of The Commonwealth of Massachusetts.

CONSTITUTION OF THE

CHAPTER I.

THE LEGISLATIVE POWEB.

Section I.

Legislative
department.

For change of
time, etc., see
amendments,
Art. X.

Governor's veto.
99 Mass. 636.

Bill may be
passed by two-
tliirds of each
house, notwith-
etauding.

For exception
ill case of ad-
journment of
the general
court within
the five days,
see amend-
ments. Art. I.
3 Mat's. 567.
General conr'.
may constitute
judicatories,

The General Court.

Aeticle I. The department of legislation shall be
formed by two branches, a Senate and House of Represen-
tatives ; each of which shall have a negative on the other.

The legislative body shall assemble every year [on the
last Wednesday in May, and at such other times as they
shall judge necessary ; and shall dissolve and be dissolved
on the day next preceding the said last Wednesday in
May;] and shall be styled, The General Court of
Massachusetts.

II. No bill or resolve of the senate or house of repre-
sentatives shall become a law, and have force as such,
until it shall have been laid before the governor for his
revisal ; and if he, upon such revision, approve thereof, he
shall signify his approbation by signing the same. But if
he have any objection to the passing of such bill or resolve,
he shall return the same, together with his objections there-
to, in writing, to the senate or house of representatives, in
whichsoever the same shall have originated; who shall
enter the objections sent down by the governor, at large,
on their records, and proceed to reconsider the said bill or
resolve. But if after such reconsideration, two-thirds of
the said senate or house of representatives, shall, notwith-
standing the said objections, agree to pass the same, it
shall, together with the objections, be sent to the other
branch of the legislature, wiiere it shall also be reconsid-
ered, and if approved by two-thirds of the members pres-
ent, shall have the force of a law : but in all such cases,
the votes of both houses shall be determined by yeas and
nays ; and the names of the persons voting for, or against,
the said bill or resolve, shall be entered upon the public
records of the commonwealth.

And in order to prevent unnecessary delays, if an}'- bill
or resolve shall not be returned by the governor within
five days after it shall have been presented, the same shall
have the force of a law.

III. The general court shall forever have full power
and authority to erect and constitute judicatories and

COMMONWEALTH OF MASSACHUSETTS. 11

courts of record, or other courts, to be held in the name courts of record,

of the commonwealth, for the hearing, trying, and deter- I'oiay, i.

mining of all manner of crimes, offences, pleas, processes, \l^'^^^' "^'

plaints, actions, matters, causes, and things, whatsoever,

arising or happening within the commonwealth, or between

or concerning persons inhabiting, or residing, or brought

within the same : whether the same be criminal or civil,

or whether the said crimes be capital or not capital, and

whether the said pleas be real, personal, or mixed ; and

for the awarding and making out of execution thereupon.

To which courts and judicatories are hereby given and Courts, etc.,

granted full power and authority, from time to time, to ^tL!'^™""^''^'

administer oaths or affirmations, for the better discovery

of truth in any matter in controversy or depending before

them.

IV. And further, fall power and authority are hereby General court
given and granted to the said general court, from time to ™c?'^"'"^ '^^''
time to make, ordain, and establish, all manner of whole- 4 AiTtm, 4^73.
some and reasonable orders, laws, statutes, and ordinances, ^^ AUen, 223,
directions and instructions, either with penalties or with- iooMass. 544,
out ; so as the same be not repugnant or contrary to this iicMass. 467,
constitution, as they shall judge to be for the good and ^^^-
welfare of this commonwealth, and for the government lawsTefcl^not
and ordering^ thereof, and of the subiects of the same, and i-f pu^nant to

« , 1 ■=■ , T 1 p p , 1 'the constitution.

tor the necessary support and deience ot the government CAUen, 353.
thereof; and to name and settle annually, or provide by may provide

oil i> xi • 1 j.i.T n • •! £ci for the flection

nxed laws lor the naming and settlmg, ail civil officers or appointment
within the said commonwealth, the election and consti- a5'Ma88!602.
tution of whom are not hereafter in this form of govern-
ment otherwise provided for ; and to set fortli the several may prescribe
duties, powers, and limits, of the several civil and military
officers of this commonwealth, and the forms of such
oaths or affirmations as shall be respectively administered
unto them for the execution of their several offices and
places, so as the same be not repugnant or contrary to
this constitution; and to impose and levy proportional may impose
and reasonable assessments, rates, and taxes, upon all the 12 Mass. 252.
inhabitants of, and persons resident, and estates lying, e Alien; sss!
within the said commonwealth; and also to impose and lo'^AiTen^tk^^^'
levy reasonable duties and excises upon any produce, 11 AUen! 268.
goods, wares, merchandise, and ct)mmodities, whatsoever, 23.5, 233, '24o',29'8|
brought into, produced, manufactured, or being within 300,312,313,500,
the same ; to be issued and disposed of by warrant, under ioo^Jiass''285
the hand of the governor of this commonwealth for the 101 Mass. 575)
time being, with the advice and consent of the council, losMass. 267.
for the public service, in the necessary defence and sup- ^j.'^'*^®" ^^^'

CONSTITUTION OF THE

116 Mass. 461.

118 Maes. 386,

389.

123 Mass. 493,

49.).

127 Mass. 413.

may impose
taxes, etc., to be
disposed of for
defence, protec-
tion, etc.
8 Allen, 247, 256.
Valuation of
estates once in
ten years, at
least, while, etc.
8 Allen, 247.
126 Mass. 547.

port of the government of the said commonwealth, and
the protection and preservation of the subjects thereof,
according to such acts as are or shall be in force within
the same.

And while the public charges of government, or any
part thereof, shall be assessed on polls and estates, in the
manner that has hitherto been practised, in order that
such assessments may be made with equality, there shall
be a valuation of estates within the commonwealth, taken
anew once in every ten years at least, and as much oftener
as the general court shall order.

For the authority of the general court to charter cities, see amendments, Art. IL

Senate, number
of, and by whom
elected.
Superseded by
amendments,
Art. XIIL,
which was also
superseded by
amendments.
Art. XXU.

For provision as
to councillors,
see amend-
ments, Art.
XVl.

Counties to be
districts, until,
etc.

CHAPTER I.
Section II. •

Senate.

Article I. [There shall be annually elected, by the
freeholders and other inhabitants of tliis commonwealth,
qualified as in this constitution is provided, forty persons
to be councillors and senators for the year ensuing their
election ; to be chosen by the inhabitants of the districts
into wliich the commonwealth may, from time to time, be
divided by the general court for that purpose : and the
general court, in assigning the numbers to be elected by
the respective districts, shall govern themselves by the pro-
portion of the public taxes paid by the said districts; and
timely make known to the inhabitants of the common
wealth the limits of each district, and the number of coun-
cillors and senators to be chosen therein ; provided, that
the number of such districts shall never be less than thir-
teen; and that no district be so large as to entitle the
same to choose more than six senators.

And the several counties in this commonwealth shall,
until the general court shall determine it necessary to
alter the said districts, be districts for the choice of coun-
cillors and senators, (except that the counties of Dukes
County and Nantucket shall form one district for that pur-
pose) and shall elect the following number for councillors
and senators, viz.: — Suffolk, six; Essex, six; Middlesex,
five ; Hampshire, four ; Plymouth, three ; Barnstable, one ;
Bristol, three ; York, two ; Dukes County and Nantucket,
one; Worcester, five; Cumberland, one; Lincoln, one;
Berkshire, two.]

COMMONWEALTH OF MASSACHUSETTS.

II. The senate shall be the first branch of the legisla-
ture ; and the senators shall be chosen in the following man-
ner, viz. : there shall be a meeting on the [first Monday in
April,] annually, forever, of the inhabitants of each town
in the several counties of this commonwealth; to be called
by the selectmen, and warned in due course of law, at
least seven days before the [first Monday in April,] for
the purpose of electing persons to be senators and coun-
cillors; [and at such meetings every male inhabitant of
twenty-one years of age and upwards, having a freehold
estate within the commonwealth, of the annual income of
three pounds, or any estate of the value of sixty pounds,
shall have a right to give in his vote for the senators for
the district of wliich he is an inhabitant.] And to remove
all doubts concerning the meaning of the word "inhabit-
ant " in this constitution, every person shall be considered
as an inhabitant, for the purpose of electing and being
elected into any office, or place within this state, in that
town, district, or plantation where he dwelleth, or hath
his home.

The selectmen of the several towns shall preside at
such meetings impartially ; and shall receive the votes
of all the inhabitants of such towns present and qualified
to vote for senators, and shall sort and count them in
open town meeting, and in presence of the town clerk,
who shall make a fair record, in presence of the select-
men, and in open town meeting, of the name of every
person voted for, and of the number of votes against his
name : and a fair copy of this record shall be attested by
the selectmen and the town clerk, and shall be sealed up,
directed to the secretary of the commonwealth for the
time being, with a superscription, expressing the purport
of the contents thereof, and delivered by the town clerk
of such towns, to the sheriff of the county in which such
town lies, thirty days at least before [the last Wednesday
in Maj^] annually ; or it shall be delivered into the secre-
tary's office seventeen days at least before the said [last
Wednesday in May :] and the sheriff of each county shall
deliver all such certificates by him received, into the
secretary's office, seventeen days before the said [last
Wednesday in JMay.]

And the inhabitants of plantations unincorporated,
qualified as this constitution provides, who are or shall
be empowered and required to assess taxes upon them-
selves toward the support of government, shall have
the same privilege of voting for councillors and senators

Manner and
time of choosing
senators and
councillors.
Time of election
elianged by
amendments,
Art. X., and
changed again
by amendments,
Art. XV.
As to cities, see
amendments.
Art. II.
These pro-
visions as to tho
qualifications of
voters, super-
seded by amend-
ments. Arts.
III., XX. and

xxvm.

Word "inhabit-
ant" defined.
See also amend-
ments. Art.
XXIII., which
was annulled by
Art. XXVI.
12 Gray, 21.
122 Mass. 695,
697.

Selectmen to
preside at town
meetings.

Return of votes.

As to cities, see
amendments,
Art. U.

Time changed
to first Wednes-
day of January.
See amend-
ments, Art. X.

Inhabitants of
unincorporated
plantations,
who pay state
taxes, may vole.

CONSTITUTION OF THE

Plantation
mcetinors.
Time of elec-
tion chanijed
by amend-
ments, Art. XV.
Assessors to
notify, etc.

Governor and
council to ex-
amine and count
votes, and issue
summonses.
Time changed
to tirst Wednes-
day in January
by amendments,
Art. X.
Majority
clianged to
plurality by
amendments,
Alt. XIV.

Senate to be
final judge of
elections, etc.,
of its own mem-
bers.

Time changed
to first Wednes-
day of January
by amendments,
Art. X.
Majority
changed to
plurality by
amendments.
Art. XIV.

Vacancies, how

fill.'il.

Changed to
election by

in the plantations where they reside, as town inhabitants
have in their respective towns; and the plantation meet-
ings for that purpose shall be held annually [on the same
first Monday in April], at such place in the plantations,
respectively, as the assessors thereof shall direct ; which
assessors shall have like authority for notifying the elect-
ors, collecting and returning the votes, as the selectmen
and town clerks have in their several towns, by this con-
stitution. And all other persons living in places unincor-
porated (qualified as aforesaid) who shall be assessed to
the support of government by the assessors of an adjacent
town, shall have the privilege of giving in their votes for
councillors and senators in the town where tliey shall be
assessed, and be notified of the place of meeting by the
selectmen of the town where they shall be assessed, for
that purpose, accordingly.

III. And that there may be a due convention of sena-
tors on the [last Wednesday in May] annually, the gov-
ernor with five of the council, for the time being, shall,
as soon as may be, examine the returned copies of such
records ; and fourteen days before the said day he shall
issue his summons to such persons as shall appear to be
chosen by [a majority of] voters, to attend on that day,
and take their seats accordingly : provided, nevertheless,
that for the first year the said returned copies shall be
examined by the president and five of the council of the
former constitution of government ; and the said president
shall, in like manner, issue his summons to the persons
so elected, that they may take their seats as aforesaid.

IV. The senate shall be the final judge of the elec-
tions, returns and qualifications of their own members, as
pointed out in the constitution ; and shall, [on the said
last Wednesday in May] annually, determine and declare
who are elected by each district to be senators [by a
majority of votes ; and in case there shall not appear to
be the full number of senators returned elected by a
majority of votes for any district, the deficiency shall be
supplied in the following manner, viz. : The members of
the house of representatives, and such senators as shall
be declared elected, shall take the names of such persons
as shall be found to have the highest number of votes
in such district, and not elected, amounting to twice the
number of senators wanting, if there be so many voted
for ; and out of these shall elect by ballot a number of
senators sufficient to fill up the vacancies in such district ;
and in this manner all such vacancies shall be filled up in

COMMONWEALTH OF MASSACHUSETTS.

every district of the commonwealth ; and in like manner
all vacancies in the senate, arising by death, removal out
of the state, or otherwise, shall be supplied as soon as may
be, after such vacancies shall happen.]

V. Provided, nevertheless, that no person shall be
capable of being elected as a senator, [who is not seised
in his own right of a freehold, within this commonwealth,
of the value of three hundred pounds at least, or possessed
of personal estate to the value of six hundred pounds at
least, or of both to the amount of the same sum, and] who
has not been an inhabitant of this commonwealth for the
space of five years immediately preceding his election, and,
at the time of his election, he shall be an inhabitant in the
district for which he shall be chosen.

VI. The senate shall have power to adjourn themselves,
provided such adjournments do not exceed two days at a
time.

VII. The senate shall choose its own president, appoint
its own officers, and determine its own rules of proceedings.

VIII. The senate shall be a court with full authority
to hear and determine all impeachments made by the
house of representatives, against any officer or officers of
the commonwealth, for misconduct and mal-administration
in their offices. But previous to the trial of every im-
peachment the members of the senate shall respectively
be sworn, truly and impartially to try and determine the
charge in question, according to evidence. Their judg-
ment, however, shall not extend further than to removal
from office and disqualification to hold or enjoy any place
of honor, trust, or profit, under this commonwealth : but
the party so convicted shall be, nevertheless, liable to
indictment, trial, judgment, and punishment, according to
the laws of the land.

IX. Not less than sixteen members of the senate shall
constitute a quorum for doing business.

people.
See aniend-
monta, Art.
XXIV.

Qualifications of
a senator.
Pi'opcrty quali-
fication abol-
ished.
See amend-
ments, Art.

xrii.

For farther pro-
vision as to
residence, see
also amend-
ments, Art.
XXII.

Senate not to
adjourn more
than two days

shall choose
its ofiioers and
establish its
rules.

shall try all
impeachments.

Oath.

Limitation of
seuteuce.

Quorum.
For further pro-
visions, see
amendments,
Art.XXU.

CHAPTER I.
Section III.

House of Representatives.

Article I. There shall be, in the legislature of this Representation

commonwealth, a representation of the people, annually of t^^e people,
elected, and founded upon the principle of equality.

•iQ

CONSTITUTION OF THE

Representa-
tives, by whom
chosen.

Superseded by
amendments,
i\n.-i. XII. and
Xill., which
•were also
superseded by
amendments,
Art. XXI.
7 Mass. 623.

Proviso as to
towns liuving
less than loU
ratable polls.

Towns liable to
fine in case, etc.

Expenses of
travelling to
and from the
general court,
how paid.

Qualifications of
a representa-
tive.

New provision
as to residence.
See ;imeud-
ments. Art.
XXI.

Property quali-
fications abol-
ished by amend-
ments, Art.
XIU.

Qualifications of
a voter.
These pro-
visions super-
eedod by
amendments,
Arts. HI., XX.
and XKVni.
See also amend-
ments, Art.
XXIII., which
was annulled by
Alt. XXVI.
Ilepresenta.
tives, when
chosen.

II. [And in order to provide for a representation of
the citizens of this commonwealth, founded upon the prin-
ciple of equality, every corporate town containing one
hundred and fifty ratable polls may elect one represen-
tative ; every corporate town containing three hundred
and seventy-five ratable polls may elect two representa-
tives ; every corporate town containing six hundred ratable
polls may elect three representatives ; and proceeding in
that manner, making two hundred and twenty-five ratable
polls the mean increasing number for every additional
representative.

Provided, nevertheless, that each town now incorporated,
not having one hundred and fifty ratable polls, may elect
one representative ; but no place shall hereafter be incor-
porated with the privilege of electing a representative,
unless there are witliin the same one hundred and fifty
ratable polls.]

And the house of representatives shall have power from
time to time to impose fines upon such towns as shall
neglect to choose and return members to the same, agreea-
bly to this constitution.

The expenses of travelling to the general assembly, and
returning home, once in every session, and no more, shall
be paid by the government, out of the public treasury, to
every member who shall attend as seasonably as he can, in
the judgment of the house, and does not depart without
leave.

III. Every member of the house of representatives
shall be chosen by written votes; [and, for one year at
least next preceding his election, shall have been an inhab-
itant of, and have been seised in his own right of a free-
hold of the value of one himdred pounds within the town
he shall be chosen to represent, or any ratable estate to
the value of two hundred pounds ; and he shall cease to
represent the said town immediately on his ceasing to be
qualified as aforesaid.]

IV. [Every male person, being twenty-one years of
age, and resident in any particular town in this common-
wealth for the space of one year next preceding, having a
freehold estate within the same town of the annual income
of three pounds, or any estate of the value of sixty pounds,
shall have a right to vote in the choice of a representative
or representatives for the said town.]

V. [The members of the house of representatives shall
be chosen annually in the month of May, ten days at least
before the last Wednesday of that month.]

Time of election changed by amendments. Art. X., and changed again by amendments,

Art. XV.

COMMONWEALTH OF MASSACHUSETTS.

VI. The house of representatives shall be the grand
inquest of this commonwealth ; and all impeachments
made by them shall be heard and tried by the senate.

VII. All money bills shall originate in the house of
representatives ; but the senate may propose or concur
with amendments, as on other bills.

VIII. The house of representatives shall have power
to adjourn themselves; provided such adjournment shall
not exceed two days at a time.

IX. [Not less than sixty members of the house of
representatives shall constitute a quorum for doing busi-
ness.]

X. The house of representatives shall be the judge of
the returns, elections, and qualifications of its own mem-
bers, as pointed out in the constitution ; shall choose their
own speaker; appoint their own officers, and settle the
rules and orders of proceeding in their own house. They
shall have authority to punish by imprisonment ever}"
person, not a member, who shall be guilty of disrespect
to the house, by any disorderly or contemptuous behavior
in its presence ; or who, in the town where the general
court is sitting, and during the time of its sitting, shall
threaten harm to the body or estate of any of its members,
for any thing said or done in the house ; or who shall
assault any of them therefor ; or who shall assault, or
arrest, any witness, or other person, ordered to attend tlie
house, in his way in going or returning; or who shall
rescue any person arrested by the order of the house.

And no member of the house of representatives shall be
arrested, or held to bail on mean process, during his going
unto, returning from, or his attending the general assem-
bly.

XL The senate shall have the same powers in the like
eases ; and the governor and council shall have the same
authority to punish in like cases : provided, that no impris-
onment on the warrant or order of the governor, council,
senate, or house of representatives, for either of the above
described offences, be for a term exceeding thirty days.

And the senate and house of representatives may try
and determine all cases where their rights and privileges
are concerned, and which, by the constitution, they have
authority to try and determine, by committees of their own
members, or in such other way as they may respectively
think best.

nou8e alone
can impeach.

House to origi-
nate all money
bills.

not to adjourn
more than two
days.

quorum.
Suporseded by
amcudraunts,
Art. XXI.

to judge of
returns, etc., of
its own mem-
bers ; to choose
its officers and
establish its
rules, etc.

may punish
for certain
ofi'ences.
14 Gray, 226.

Privileges of
members.

Senate.
Governor and
council may
punish.

General limita-
tion.
14 Gray, 226.

Trial may be by
committee, or
otherwise.

CONSTITUTION OF THE

Governor.

His title.

To be chosen

annually.

Qualifications.

Requirement of
religious decla-
ration abolished
by araend-
menta, Art.
VU.

By whom cho-
sen, if he have a
majority of
votes.

Time of elec-
tion changed by
amendments,
Art. X., and
changed again
by amendments,
Art. XV.

As to cities, see
amendments,
Art. U.

Time changed
♦o first Wednes-
day of January
by amendments.
Art. X.

Clianged to
plurality by
amendments,
Art. XIV.

rioxv chosen,
when no person
has a majority.

CHAPTER II.
EXECUTIVE POWEB,

Section I.
Grovernor.

Article I. There shall be a supreme executive magis-
trate, who shall be styled — The Goveenor of the
CoMi\roN wealth of Massachusetts; and whose title
shall be — His Excellency.

II. The governor shall be chosen annually ; and no
person shall be eligible to this ofiSce, unless, at the time of
liis election, he shall have been an inhabitant of this com-
monwealth for seven years next preceding ; and unless he
shall at the same time be seised, in his own right, of a
freehold, within the commonwealth, of the value of one
thousand pounds ; [and unless he shall declare himself to
be of the Christian religion.]

III. Those persons who shall be qualified to vote for
senators and representatives within the several towns of
this commonwealth shall, at a meeting to be called for
that purpose, on the [first Monday of April] annually,
give in their votes for a governor, to the selectmen, who
shall preside at such meetings ; and the town clerk, in the
presence and with the assistance of the selectmen, shall,
in open town meeting, sort and count the votes, and form
a list of the persons voted for, with the number of votes
for each person against his name ; and shall make a fair
record of the same in the town books, and a public decla-
ration thereof in the said meeting ; and shall, in the pres-
ence of the inhabitants, seal up copies of the said list,
attested by him and the selectmen, and transmit the same
to the sheriff of the county, thirty days at least before the
[last Wednesday in May] ; and the sheriff shall transmit
the same to the secretary's office, seventeen days at least
before the said [last Wednesday in May] ; or the select-
men may cause returns of the same to be made to the
office of the secretary of the commonwealth, seventeen
days at least before the said day ; and the secretary shall
lay the same before the senate and the house of repre-
sentatives on the [last Wednesday in May], to be by them
examined ; and [in case of an election by a majority of all
the votes returned], the choice shall be by them declared
and published ; [but if no person shall have a majority of

COMMONWEALTH OF MASSACHUSETTS.

votes, the house of representatives shall, by ballot, elect
two out of four persons who had the highest number of
votes, if so many shall have been voted for ; but, if other-
wise, out of the number voted for ; and make return to
the senate of the two persons so elected ; on which the
senate shall proceed, by ballot, to elect one, who shall be
declared governor.]

^ IV. The governor shall have authority, from time to
time, at his discretion, to assemble and call together the
councillors of tliis commonwealth for the time being ; and
the governor with the said councillors, or five of them at
least, shall, and may, from time to time, hold and keep a
council, for the ordering and directing the affairs of the
commonwealth, agreeably to the constitution and the laws
01 the land,

y. The governor, with advice of council, shall have
lull power and authority, during the session of the gen-
eral court, to adjourn or prorogue the same to any time
the two houses shall desire ; [and to dissolve the same on
the day next preceding the last Wednesday in May ; and,
in the recess of the said court, to prorogue the same from
time to time, not exceeding ninety days in any one recess ;1
and to call it together sooner than the time to which it
may be adjourned or prorogued, if the welfare of the com-
monwealth shall require the same ; and in case of any
mtectious distemper prevailing in the place where the said
court is next at any time to convene, or any other cause
happening, whereby danger may arise to the health or
lives of the members from their attendance, he may direct
the session to be held at some other, the most convenient
place within the state.

[And the governor shaH dissolve the said general court
on the day next preceding the last Wednesday in May.]

_ V I. In cases of disagreement between the two houses,
with regard to the necessity, expediency, or time of ad-
journment or prorogation, the governor, with advice of
the council, shall have a right to adjourn or prorogue the
general court, not exceeding ninety days, as he shaU
determine the public good shall require.

yil. The governor of this commonwealth, for the time
being, shall be the commander-in-chief of the army and
navy and of all the military forces of the state, by sea
and land; and shall have full power, by himself, or by
any commander, or other officer or officers, from time to
time, to tram, instruct, exercise, and govern the militia
and navy ; and, for the special defence and safety of the

Power of gov-
ernor, and of
governor and
council.

May adjourn or
prorogue the
general court
upon request,
and convene
the same.
As to dissolu-
tion, see amend-
ments, Art. X.

As to dissolu-
tion, see amend-
ments. Art. X.

Governor and
council may
adjourn the gen-
eral court in
cases, etc., but
not exceeding
ninety days.

Governor to he
commander-in-
chief.

CONSTITUTION OF THE

Limitation.

Governor and
council may
pardon ofl'ences,
except, etc.

But not before
conviction.
109 Mass. 323.

Judicial offi-
cers, etc., how
nominated and
appointed.
For provisions

eommonwealtli, to assemble in martial array, and put in
warlike posture, the inhabitants thereof, and to lead and
conduct them, and with them to encounter, repel, resist,
expel, and pursue, by force of arms, as well by sea as by
land, within or without the limits of this commonwealth,
and also to kill, slay, and destroy, if necessary, and con-
quer, by all fitting ways, enterprises, and means whatso-
ever, all and every such person and persons as shall, at
any time hereafter, in a hostile manner, attempt or enter-
prise the destruction, invasion, detriment, or annoyance
of this commonwealth ; and to use and exercise, over the
army and navy, and over the militia in actual service, the
law-martial, in time of war or invasion, and also in time
of rebellion, declared by the legislature to exist, as occa-
sion shall necessarily require ; and to take and surprise,
by all ways and means whatsoever, all and every such
person or persons, with their ships, arms, ammunition,
and other goods, as shall, in a hostile manner, invade, or
attempt the invadmg, conquering, or annoying this com-
monwealth ; and that the governor be intrusted with all
these and other powers, incident to the offices of cap-
tain-general and commander-in-chief, and admiral, to be
exercised agreeably to the rules and regulations of the
constitution, and the laws of the land, and not otherwise.
Provided, that the said governor shall not, at any tkne
hereafter, by virtue of any power by this constitution
granted, or hereafter to be granted to him by the legis-
lature, transport any of the inhabitants of this common-
wealth, or oblige them to march out of the limits of the
same, without their free and voluntary consent, or the con-
sent of the general court ; except so far as may be neces-
sary to march or transport them by land or water, for the
defence of such part of the state to which they cannot
otherwise conveniently have access.

VIII. The power of pardoning offences, except such
as persons may be convictod of before the senate by an
impeachment- of the house, shall be in the governor, by
and with the advice of council; but no charter of par-
don, granted by the governor, with advice of the council
before conviction, shall avail the party pleading the same,
notwithstanding any general or particular expressions con-
tained therein, descriptive of the offence or offences in-
tended to be pardoned.

IX. All judicial officers, [the attorney-general,] the
solicitor-general, [all sheriffs,] coroners, [and registers of
probate,] shall be nominated and appointed by the gov-

as to election
of attorney-
general, see
amendments,

COMMONWEALTH OF MASSACHUSETTS.

ernor, by and with the advice and consent of the council •

and everj such nomination shall be made by the governor' °^^»-ney.

and made at least seven days prior to such Ippoiftment ' fnSe^n?,

For provision as to election of sheriffs, registers of nrohntP ,>t. . ■^"- ■^"^^•

XIX. For prov.s.on as to appointment of noi:Hlipl&fel':^;^,Z!^^^^^^^ ""'''

1 ^: ,'^he captains and subalterns of the militia shall ho ir,v ^
elected by the xvritten votes of the train-band and alarm ?-""-"
of .f . T '''P?^'^^'°"P'^"^^^' C°f twenty-one year a^^sSolt
be efec ed l^r ''-l'^^" ""f^ ""f''^' ^^ regiLnts S ^:tuy.
terni of 1 1^ ^'•*^''' "^^^'^ ^^ *^^ ^^P^^i^s and subal-
terns of their respective regiments ; the brigadiers shall be
e ected, m like manner, by the field officers of the r rrspec-
tiye brigades; and such officers, so elected sholl iJ S
nns^oned by the governor, who Lhallteteti t'L'? rZ' -~"-

The legislature shall, by standing laws d\Joi 7hi f-
and manner of conveniifg the eLt^rs ' atd ^ tl te --""
Sfctld."' '"^ '' ''''''''''^ '' *^^ ^«----' t^e officers

hou?e'o?t;Se"il"^^^^ ^^*^.^ --^^ -^1 ^-«.

«c ui lepiesentatives, each having a negative unon thp ^ow appointed

other; and be commissioned by the |overnor. ^ ZlT'^''-

For provisions as to appointment of a commissary-.eneral. see amendments. Art. IV

And It the electors of brigadiers, field officers cantninc rr ■
or subalterns,^ shall neglect or refJse to mTe such^dec ^^^'^'^
tions, after bemg duly notified, according to the laws &; "'

trff} ""'' !l *\' S°^<'™°'-' o-^ by f^i'- trial ia court 'S?-«l!.
Sme being.]™' *° "■' '"™ °^ "'^ commonwealth for "hi S*:""'

the^'XtoTtnf ."^''r' of regiments shall appoint a.,..™......,

meir aajutants and quartermasters; the brio-adiers thpi,- ''»'"'pp»i'"«<i'
brigade-majors; and the major-generals thrirS. f
the governor shall appoint the\drutan"genera[ ""'"' '"''
offilersTtJire'ontll^fT'"' "^ """"""^h^ll appoint all a™,o„..„,
ti^rof tL Un?t.d sfff ?™^' "'>;'"' "^y "« confedera- '- »PP<>'"««i
w^Ih! fZn ■^''^'' '* '*' provided that this common-

gaTrisons '''P'""'' '^ "'^° ^" »«"«■« »f fo^s and
The divisions of the militia into brigades rec-impnt^ o„r) ^ ,

?orTsr^r^prr^^ ?^ the^in^rc^n 'w • --"""-'

militi. nffl • '°^^^^^e^ed as the proper divisions of the
militia of this commonwealth, until the same shall b«
altered m pursuance of some future law

Money, how
drawn from the
treasury, ex-
cept, etc.
13 Allen, 593.

CONSTITUTION OF THE

All public
boards, etc., to
make quarterly
returns.

Salary of
governor.

Salaries of Jub-
tices of supreme
judicial court.

XT No moBers shall be issued out of the treasury of
th,?com"ea?th, and disposed of (except s|;ch sums as
*X be appropriated for^.e^.d^^^^^^^^^^^

?L~but\7 war^Lt^fdtr'^S baud of the governor

with their accoutrements, and o' ? ' °"'^/. P!^^" i^in'r the
whatever under then- care ^'^^^Pf '^'"^^^ '/^^^'^S^rpar°ticu-
quantity, number quahty ad Lmd of .each.^^as^p^^ ^^^^

-^=s^;au*d&^^^^
^Lt\plan';TsS?o;trard7riauZand sea or ha.

nndSStrrtand all V^^'^^'^^^JZ^

munieate to the governor, as soon ^^t'^y.^^^^^tjn^e? Ja

the same all ^fX^^^lf^t.^t^otl?:"^^^^^^^
pubhc nature, wh>ch^^^^^^^^

XIU. A?^"^ P"" ^, I „„jiue influence of any of the

^rbtr^f'r^ene^^^^^^^^^^ by ^'^t:^J^^

rLTet^rrth^^^^^^

f :e^r^nTc:star'^tha^he Xfd have an honorable
^?^A 1 ?.v of a fixed and permanent value, amply suffi-

:etlf:trmre"rnrortLt:nstitutiol to establish

COMMONWEALTH OF MASSACHUSETTS.

And if it shall be found that any of the salaries afore- Salaries to be
said, so established, are insufficient, they shall, from time t^nm^tni
to time, be enlarged, as the general court shall judge
proper.

CHAPTER n.
Sectioi^ II.
Lieutenant- Governor.
Aeticle I. There shall be annually elected a lieuten-
ant-governor of the commonwealth of Massachusetts,
whose title shall be — His Honor; and who shall be
qualified, in point of [religion,] property, and residence
in the commonwealth, in the same manner with the gov-
ernor ; and the day and manner of his election, and the
qualifications of the electors, shall be the same as are
required in the election of a governor. The return of
the votes for this officer, and the declaration of his election,
shall be in the same manner; [and if no one person shall
be found to have a majority of all the votes returned, the
vacancy shall be filled by the senate and house of repre-
sentatives, in the same manner as the governor is to be
elected, in case no one person shall have a majority of the
votes of the people to be governor.]

II. The governor, and in his absence the lieutenant-
governor, shall be president of the council, but shall have
no vote in council; and the lieutenant-governor shall
always be a member of the council, except when the chair
of the governor shall be vacant.

HI. Whenever the chair of the governor shall be
vacant, by reason of his death, or absence from the com-
monwealth, or otherwise, the lieutenant-governor, for the
time being, shall, during such vacancy, perform all the
duties incumbent upon the governor, and shall have and
exercise all the powers and authorities, which by this
constitution the governor is vested with, when personally
present. *^

Lieutenant-
governor; tiis
title antl qiialifl.
cations. Tlio
requirement of
a declaration of
belief in tlie
christian
religion was
abolished by
amendments,
Art. Vn.

How chosen.

Election by
plurality pro-
vided for by
Hraendmeiits,
Art. XIV.

President of
council.
Lieutenant-
governor a
member of,
except, etc.

Lieutenant-
governor to be
acting governor,
in case, etc.

CHAPTER II.

Section III.

Council, and the Manner of settling Elections ly tie Legis-
lature. ^

Article I. There shall be a council for advising the council,
governor in the executive part of the government, to ^ouncuiorl

CONSTITUTION OF THE

changed to

eigbt.
See amend-
ments, Art.
XVI.

Number ; from
■whom, and how
chosen.
Modilied by
amendments,
Arts. X. and

xm.

Superseded by
amendments,
Art. XVI.

If senators be-
come council-
lors, their seats
to be vacated.

Hank of
councillorB.

Xo district to
have more than
two.

Council to exer-
cise the power
of governor iu
case, etc.

Elections may
oe adjourned
until, etc.

Order thereof.
Buperiicded by

consist of [nine] persons besides the lieutenant-governor,
whom the governor, for the time being, shall have full
power and authority, from time to time, at his discretion,
to assemble and call together ; and the governor, with the
said councillors, or five of them at least, shall and may,
from time to time, hold and keep a council, for the order-
ing and directing the affairs of the commonwealth, accord-
ing to the laws of the land.

II. [Nine councillors shall be annually chosen from
among the persons returned for councillors and senators,
on the last Wednesday in May, by the joint ballot of
the senators and representatives assembled in one room ;
and in case there shall not be found upon the first choice,
the whole number of nine persons who will accept a seat
in the council, the deficiency shall be made up by the
electors aforesaid from among the people at large ; and
the number of senators left shall constitute the senate
for the year. The seats of the persons thus elected from
the senate, and accepting the trust, shall be vacated in the
senate.]

III. The councillors, in the civil arrangements of the
commonwealth, shall have rank next after the lieutenant-
governor.

IV. [Not more than two councillors shall be chosen
out of any one district of this commonwealth.]

Superseded by amendments, Art. XVI.

V. The resolutions and advice of the council shall be
recorded in a register, and signed by the members present ;
and this record may be called for at any time by either
house of the legislature ; and any member of the council
may insert his opinion, contrary to the resolution of the
majority.

VI. Whenever the office of the governor and lieuten-
ant-governor shall be vacant, by reason of death, absence,
or otherwise, then the council, or the major part of them,
shall, during such vacancy, have full power and authority
to do, and execute, all and every such acts, matters, and
things, as the governor or the lieutenant-governor might
or could, by virtue of this constitution, do or execute, if
they, or either of them, were personally present.

VII. [And whereas the elections appointed to be made,
by this constitution, on the last Wednesday in May annu-
ally, by the two houses of the legislature, may not be
completed on that day, the said elections may be adjourned
from day to day until the same shall be completed. And
the order of elections shall be as follows : the vacancies in

COMMONWEALTH OF MASSACHUSETTS. 25

the senate, if any, shall first be filled up ; the governor amendments,
and lieutenant-governor shall then be elected, provided xxv.
there should be no choice of them by the people ; and
afterwards the two houses shall proceed to the election of •
the council.]

CHAPTER II.

Section IV.

Secretary^ Treasurer^ Commissary^ etc.

Article I. [The secretary, treasurer, and receiver- secretary, etc.,
general, and the commissary-general, notaries public, and] ho^ch^en"'^
naval ofiicers, shall be chosen annually, by joint ballot of ^"eiecuon'of '^^
the senators and representatives in one room. And, that eecretaiy, treas.
the citizens of this commonwealth may be assured, from ceher-generai,
time to time, that the moneys remaining in the public attorn"y-g°en^"'^
treasury, upon the settlement and liquidation of the pub- «-ai. see amend-

1 • 1 11 1 T -1 1 ments, Art.

lie accounts, are their property, no man shall be eligible xvn.

as treasurer and receiver-general more than five years sue- Treasurer in-

, o ■ ./ eligible for more

CeSSlVely. than five sue

For provision as to appointment of notaries public and the commissary-general, see cessive years,
amendments, Art. IV.

II. The records of the commonwealth shall be kept in secretary to
the office of the secretary, who may appoint his deputies, toauend°the'
for whose conduct he shall be accountable ; and he shall councu" e^c.*^
attend the governor and council, the senate and house of
representatives, in person, or by his deputies, as they shall
respectively require.

CHAPTER III.
JUDICIARY POWER.

Article I. The tenure, that all commission oflScers Tenure of aii
shall by law have in their offices, shall be expressed in off™™4*to°be*^
.their respective commissions. All judicial officers, duly judlcfarofficers
appointed, commissioned, and sworn, shall hold their offices to H^'*^ "iiice
during good behavior, excepting such concerning whom beimfor^ex-
there is different provision made in this constitution: But'niaybe
provided, nevertheless, the governor, with consent of the address^ ''"
council, may remove them upon the address of both houses
of the legislature.

II. Each branch of the legislature, as well as the gov- Justices of su-
ernor and council, shall have authority to require the opin- coumoVve'
ions of the justices of the supreme judicial court, upon required.^ '^'^''
important questions of law, and upon solemn occasions. ]^ m"***' 55-'

661.

CONSTITUTION OF THE

Justices of the
])''aco; tenure
nf their office.
3 Cubh. 584.

Provisions for

holding probate

courts.

12 Gray, 147.

Of marriage,
divorce, and ali-
mony.
Other pro-
visions made
by law.
105 Mass. 327.
116 Mass. 317.

III. In order' that the people may not suffer from the
long continuance in place of any justice of the peace who
shall fail of discharging the important duties of his ofBce
with ability or fidelity, all commissions of justices of the
peace shall expire and become void, in the term of seven
years from their respective dates ; and, upon the expira-
tion of any commission, the same may, if necessary, be
renewed, or another person appointed, as shall most con-
duce to the well-being of the commonwealth.

IV. The judges of probate of wills, and for granting
letters of administration, shall hold their courts at such
place or places, on fixed days, as the convenience of the
people shall require ; and the legislature shall, from time
to time, hereafter, appoint such times and places ; until
which appointments, the said coarts shall be holden at the
times and places which the respective judges shall direct.

V. All causes of marriage, divorce, and alimony, and
all appeals from the judges of probate, shall be heard and
determined by the governor and council, until the legis-
lature shall, by law, make other provision.

Delegates to

congress.

CHAPTER IV.

DELEGATES TO CONGRESS.

The delegates of this commonwealth to the congress of
the United States, shall, some time in the month of June,
annually, be elected by the joint ballot of the senate and
house of representatives, assembled together in one room ;
to serve in congress for one year, to commence on the first
Monday in November then next ensuing. They shall
have commissions under the hand of the governor, and
the great seal of the commonwealth ; but may be recalled
at any time within the year, and others chosen and com-
missioned, in the same manner, in their stead.

Harvard

College.

CHAPTER V.

THE UNIVERSITY AT CAMBRIDGE AND ENCOURAGEMENT
OF LITERATURE, ETC.

Section I.

The University.

Article I. Whereas our wise and pious ancestors, so
^arly as the year one thousand six hundred and thirty-six,

COMMONWEALTH OF MASSACHUSETTS.

laid the foundation of Harvard College, in which univer-
sity many persons of great eminence have, by the blessing
of God, been initiated in those arts and sciences which
qualified them for public employments, both in church
and state; and whereas the encouragement of arts and
sciences, and all good literature, tends to the honor of
God, the advantage of the Christian religion, and the great
benefit of this and the other United States of America,
— it is declared, that the President and Fellows op
Harvard College, in their corporate capacity, and
their successors in that capacity, their officers and ser-
vants, shall have, hold, use, exercise, and enjoy, all the
powers, authorities, rights, liberties, privileges, immunities,
and franchises, which they now have, or are entitled to
have, hold, use, exercise, and enjoy; and the same are
hereby ratified and confirmed unto them, the said presi-
dent and fellows of Harvard College, and to their suc-
cessors, and to their officers and servants, respectively,
forever.

II. And whereas there have been at sundry times, by
divers persons, gifts, grants, devises of houses, lands, tene-
ments, goods, chattels, legacies, and conveyances, hereto-
fore made, either to Harvard College in Cambridge, in
New England, or to the president and fellows of Harvard
College, or to the said college by some other description,
under several charters, successively ; it is declared, that
all the said gifts, grants, devises, legacies, and convey-
ances, are hereby forever confirmed unto the president
and fellows of Harvard College, and to their successors
in the capacity aforesaid, according to the true intent and
meaning of the donor or donors, grantor or grantors,
devisor or devisors.

HI. And whereas, by an act of the general court of
the colony of Massachusetts Bay, passed in the year one
thousand six hundred and forty-two, the governor and
deputy-governor, for the time being, and all the magis-
trates of that jurisdiction, were, with the president, and
a number of the clergy in the said act described, consti-
tuted the overseers of Harvard College ; and it being
necessary, in this new constitution of government to
ascertain who shall be deemed successors to the said gov-
ernor, deputy-governor, and magistrates; it is declared,
that the governor, lieutenant-governor, council, and senate
of this commonwealth, are, and shall be deemed, their
successors, who, with the president of Harvard College,
for the time being, together with the ministers of the con-

Powers, prM
leges, etc., of
the president
and fellows,
confirmed.

All gifts, grants,
etc., confirmed.

Who shall be
overseers.'

See Statutes,

1851, 224.

1852, 27.
1859, 212.
18G5, 173.
1880, 65.

CONSTITUTION OF THE

Power of altera-
tion reserved to
the legislature.

Duty of legisla-
tures and magis-
trates iu all
future periods.
For further jsro-
visions as to
public schools,
see amend-
ments, Ai^t.
XVIII.
12 Allen, 500-
503.
103 Mass. 94, 97.

gregational churches in the towns of Cambridge, Water-
town, Chaiiestown, Boston, Roxbury, and Dorchester,
mentioned in the said act, shall be, and hereby are, vested
with all the powers and authority belonging, or in any
way appertaining to the overseers of Harvard College;
provided, that nothing herein shall be construed to pre-
vent the legislature of this commonwealth from making
such alterations in the government of the said university,
as shall be conducive to its advantage, and the interest
of the republic of letters, in as full a manner as might
have been done by the legislature of the late Province of
the Massachusetts Bay.

CHAPTER V.

Section II.

The Encouragement of Literature^ etc.

Wisdom and knowledge, as well as virtue, diffused gen-
erally among the body of the people, being necessary for
the preservation of their rights and liberties ; and as these
depend on spreading the opportunities and advantages of
education in the various parts of the country, and among
the different orders of the people, it shall be the duty of
legislatures and magistrates, in all future periods of this
commonwealth, to cherish the interests of literature and
the sciences, and all seminaries of them ; especially the
university at Cambridge, public schools and grammar
schools in the towns ; to encourage private societies and
public institutions, rewards and immunities, for the pro-
motion of agriculture, arts, sciences, commerce, trades,
manufactures, and a natural history of the country; to
countenance and inculcate the principles of humanity and
general benevolence, public and private charity, industry
and frugality, honesty and punctuality in their dealings ;
sincerity, good humor, and all social affections, and gen-
erous sentiments, among the people.

Oaths, eto.

CHAPTER VI.

OATHS AND SUBSCRIPTIONS ; INCOMPATIBILITY OP AND
EXCLUSION FROM OFFICES; PECUNIARY QUALIFICA-
TIONS ; COMMISSIONS ; WRITS ; CONFIRMATION OF LAWS ;
HABEAS CORPUS; THE ENACTING STYLE; CONTINU-
ANCE OF OFFICERS ; PROVISION FOR A FUTURE REVISAL
OF THE CONSTITUTION, ETC.

Article I. [Any person chosen governor, lieutenant-
governor, councillor, senator, or representative, and accept-

COMMONWEALTH OF MASSACHUSETTS. 29

ing tlie trust, shall, before lie proceed to execute the duties
of Ms place or ofi&ce, make and subscribe the following
declaration, viz. :

"I, A. B., do declare, that I believe the Christian reli- Abolished. Bee
gion, and have a firm persuasion of its truth ; and that I iSu"vu!° *'
am seised and possessed, in my own right, of the property
required by the constitution, as one qualification for the
office or place to which I am elected."

And the governor, lieutenant-governor, and councillors,
shall make and subscribe the said declaration, in the pres-
ence of the two houses of assembly ; and the senators and
representatives, first elected under this constitution, before
the president and five of the council of the former consti-
tution ; and forever afterwards before the governor and
council for the time being.]

And every person chosen to either of the places or Declaration and
offices aforesaid, as also any person appointed or commis- officers. ^
sioned to any judicial, executive, military, or other office
under the government, shall, before he enters on the dis-
charge of the business of his place or ofiice, take and sub-
scribe the following declaration, and oaths or affirmations,
viz. :

["I, A. B., do truly and sincerely acknowledge, profess, For new oath
testify, and declare, that the Commonwealth of Massachu- eee'^am^Jnd^^*
setts is, and of right ought to be, a free, sovereign, and ^^^^^> ^^^- vl
independent state ; and I do swear, that I will bear true
faith and allegiance to the said commonwealth, and that I
will defend the same against traitorous conspiracies and all
hostile attempts whatsoever ; and that I do renounce and
abjure all allegiance, subjection, and obedience to the king,
queen, or government of Great Britain (as the case may
be), and every other foreign power whatsoever ; and that no
foreign prince, person, prelate, state, or potentate, hath, or
ought to have, any jurisdiction, superiority, pre-eminence,
authority, dispensing or other power, in any matter, civil,
ecclesiastical, or spiritual, within this commonwealth, ex-
cept the authority and power which is or may be vested
by their constituents in the congress of the United States:
and I do further testify and declare, that no man or body
of men hath or can have any right to absolve or discharge
me from the obligation of this oath, declaration, or affir-
mation ; and that I do make this acknowledgment, pro-
fession, testimony, declaration, denial, renunciation, and
abjuration, heartily and truly, according to the common
meaning and acceptation of the foregoing words, without
any equivocation, mental evasion, or secret reservation
whatsoever. So help me, God."] ,

CONSTITUTION OF THE

Oath of office.

Proviso.
See amend-
ments, Art. VI.

Oaths and
affirmations,
how adminis-
tered.

Plurality of
offlces prohibit-
ed to governor,
etc., except, etc.
See amend-
ments, Art.

vin.

Same subject.
1 AUen, 653.

Incompatible

offices.

For further pro-

"I, A. B., do solemnly swear and affirm, that I will
faithfully and impartially discharge and perform all the
duties incumbent on me as , according to

the best of my abilities and understanding, agreeably to
the rules and regulations of the constitution and the laws
of the commonwealth. So help me, God."

Provided, always, that when any person chosen or ap-
pointed as aforesaid, shall be of the denomination of the
people called Quakers, and shall decline taking the said
oath[s], he shall make his affirmation in the foregoing
form, and subscribe the same, omitting the words, ["/cZo
swear," '"'•and abjure,^^ '■'•oath or^'' '•'' ayid abjuration^'''' in the
first oath ; and in the second oath, the words] " swear
and!!'' and [in each of them] the words " So help me,
God ; " subjoining instead thereof, " This I do under the
pains and penalties of perjury y

And the said oaths or affirmations shall be taken and
subscribed by the governor, lieutenant-governor, and coun-
cillors, before the president of the senate, in the presence
of the two houses of assembly ; and by the senators and
representatives first elected under this constitution, before
the president and five of the council of the former consti-
tution ; and forever afterwards before the governor and
council for the time being ; and by the residue of the
officers aforesaid, before such persons and in such manner
as from time to time shall be prescribed by the legislature.

II. No governor, lieutenant-governor, or judge of the
supreme judicial court, shall hold any other office or place,
under the authority of this commonwealth, except such as
by this constitution they are admitted to hold, saving that
the judges of the said court may hold the offices of justices
of the peace through the state ; nor shall they hold any
other place or office, or receive any pension or salary from
any other state or government or power whatever.

No person shall be capable of holding or exercising at
the same time, within this state, more than one of the
following offices, viz. : judge of probate — sheriff — regis-
ter of probate — or register of deeds; and never more
than any two offices, which are to be held by appointment
of the governor, or the governor and council, or the senate,
or the house of representatives, or by the election of the
people of the state at harge, or of the people of an}'- county,
military offices, and the offices of justices of the peace ex-
cepted, shall be held by one person.

No person holding the office of judge of the supreme
judicial court — secretary — attorney-general — solicitor-

COMMONWEALTH OF MASSACHUSETTS. 31

general — treasurer or receiver-general — judge of probate visions as to

— commissary-general — [president, professor, or instruct- oiuct^rsce^'^
or of Harvard College] — sheriff — clerk of the house of Artviii?'^'
representatives — register of probate — register of deeds ^^.^^^.yf Z^-'*'"-

— clerk of the supreme judicial court — clerk of the infe- excepted by
rior court of common pleas — or officer of the customs, a?u"xxvii.'
including in this description naval officers — shall at the

same time have a seat in the senate or house of represen-
tatives ; but their being chosen or appointed to, and accept-
ing the same, shall operate as a resignation of their seat in
the senate or house of representatives; and the place so
vacated shall be filled up.

And the same rule shall take place in case any judge of incompatible
the said supreme judicial court, or judge of probate, shall " °^^'
accept a seat in council ; or any councillor shall accept of
either of those offices or places.

And no person shall ever be admitted to hold a seat in Bribery, etc.,
the legislature, or any office of trust or importance under '^'^^""^^y*
the government of this commonwealth, who shall, in the
due course of law, have been convicted of bribery or
corruption in obtaining an election or appointment.

in. In all cases where sums of money are mentioned Vaiue of money
in this constitution, the value thereof shall be computed ''^°'^'''^'"®'^-
in silver, at six shillings and eight pence per ounce; and Property quaii-
it shall be in the power of the legislature, from time to beTncrcaTcd!
time, to increase such qualifications, as to property, of the niTnt^rAn.
persons to be elected to offices, as the circumstances of xiii. '
the commonwealth shall require.

IV. All commissions shall be in the name of the Provisions
Commonwealth of Massachusetts, signed by the governor commisBions.
and attested by the secretary or his deputy, and have the

great seal of the commonwealth affixed thereto.

V. All writs, issuing out of the clerk's office in any of Provisions re-
the courts of law, shall be in the name of the Common- a^prck"^!"**'
wealth of ]\Iassachusetts ; they shall be under the seal of l^Q^iy^i.
the court from whence they issue ; they shall bear test of

the first justice of the court to which they shall be returna-
ble, who is not a party, and be signed by the clerk of such
court.

VI. All the laws which have heretofore been adopted, Continuation of
used, and approved in the Province, Colony, or State of ex™pt,t^^c.*'
Massachusetts Bay, and usually practised on in the courts sM.'J^gisai.
of law, shall still remain and be in full force, until altered s Pkk. 309, sio.
or repealed by the legislature; such parts only excepted 2Met. iis. '
as are repugnant to the rights and liberties contained in

this constitution. '

CONSTITUTION OF THE

Benefit of
habeas corpus
eecured, except,
etc.

The enacting
Btyle.

Officers of
former govern-
ment continued
until, etc.

Provision for
revising con-
stitution.
For existing
provision as to
amendments,
see amend-
ments. Art. IX.

Provision for
revising con-
stitution.

VII. The privilege and benefit of the writ of habeas
corpus shall be enjoyed in this commonwealth, in the most
free, easy, cheap, expeditious, and ample manner ; and
shall not be suspended by the legislature, except upon the
most urgent and pressing occasions, and for a limited
time, not exceeding twelve months.

VIII. The enacting style, in making and passing all
acts, statutes, and laws, shall be — " Be it enacted by the
Senate and House of Representatives, in General Court
assembled, and by the authority of the same."

IX. To the end there may be no failure of justice, or
danger arise to the commonweftlth from a change of the
form of government, all officers, civil and military, hold-
ing commissions under the government and people of
Massachusetts Bay in New England, and all other officers
of the said government and people, at the time this con-
stitution shall take effect, shall have, hold, use, exercise,
and enjoy, all the powers and authority to them granted
or committed, until other persons shall be appointed in
their stead ; and all courts of law shall proceed in the
execution of the business of their respective departments ;
and all the executive and legislative officers, bodies, and
powers shall continue in full force, in the enjoyment and
exercise of all their trusts, employments, and authority ;
until the general court, and the supreme and executive
officers under this constitution, are designated and in-
vested with their respective trusts, powers, and authority.

X. [In order the more effectually to adhere to the
principles of the constitution, and to correct those viola-
tions which by any means may be made therein, as well
as to form such alterations as from experience shall be
found necessary, the general court which shall be in the
year of our Lord one thousand seven hundred and ninety-
five, shall issue precepts to the selectmen of the several
towns, and to the assessors of the unincorporated planta-
tions, directing them to convene the qualified voters of
their respective towns and plantations, for the purpose of
collecting their sentiments on the necessity or expediency
of revising the constitution, in order to amendments.

And if it shall appear, by the returns made, that two-
thirds of the qualified voters throughout the state, who
shall assemble and vote in consequence of the said pre-
cepts, are in favor of such revision or amendment, the
general court shall issue precepts, or direct them to be
issued from the secretary's office, to the several towns
to elect delegates to meet in convention for the purpose
aforesaid.

COMMONWEALTH OF MASSACHUSETTS.

The said delegates to be chosen in the same manner
and proportion as their representatives in the second
branch of the legishiture are by this constitution to be
chosen.]

XI. This form of government shall be enrolled on Provigionfor
parchment, and deposited in the secretary's office, and be puwuhinlTwl
a part of the laws of the land ; and printed copies thereof constitution,
shall be prefixed to the book containing the laws of this
commonwealth, in all future editions of the said laws.

ARTICLES OF AMENDMENT.

General court
empowered to
charter cities.
122 Mass. 354.

Article I. If any bill or resolve shall be objected to, biu, etc., not

and not approved by the governor; and if the general fiveXys'lnot^to

court shall adjourn within five days after the same shall Ifwj^^a^urr'

have been laid before the governor for his approbation, adjourn in the

and thereby prevent his returning it with his objections, sMaVse?.

as provided by the constitution, such bill or resolve shall if§ i']°Art.'n^
not become a law, nor have force as such.

Aet. II. The general court shall have full power and
authority to erect and constitute municipal or city gov-
ernments, in any corporate town or towns in this com-
monwealth, and to grant to the inhabitants thereof such
powers, privileges, and immunities, not repugnant to the
constitution, as the general court shall deem necessary
or expedient for the regulation and government thereof,
and to prescribe the manner of calling and holding public
meetings of the inhabitants, in wards or otherwise, for
the election of officers under the constitution, and the
manner of returning the votes given at such meetings.
Provided, tliat no such government shall be erected or
constituted in any town not containing twelve thousand
inhabitants, nor unless it be with the consent, and on the
application of a majority of the inhabitants of such town,
present and voting thereon, pursuant to a vote at a meet-
ing duly warned and holden for that purpose. And pro-
vided, also, that all by-laws, made by such municipal or
city government, shall be subject, at all times, to be an-
nulled by the general court.

Art. III. Every male citizen of twenty-one years of Qualifications of
age and upwards, excepting paupers and persons under Irnor*'ii°iuLn^"
guardiansliip, who shall have resided within the common- senators and'
wealth one year, and within the town or district 'n which r^!:r.''l'-""'''i'V^''

•' ' 11 Pick. 538,540.

Proviso.

112 Mass. 200.

CONSTITUTION OF THE

14 Pick. 341.
14 Mass. 367.
6 Met. 162, 298,
501, .384.
1 Oiay, 299.
122 Muss. 595,
097.

124 Mass. 596.
For educational
qualification,
see aiiiend-
nients, Art. XX.
For provision as
tj those who
have served ia
I he array or
navy in time of
5var, see amend-
ments, Art.
XXVKI.

Kotaries public,
bow appointed
and removed.

Vacancies in the
offices of secre-
tary and treas-
urer, how filled.
This clause
superseded by
amendments,
Art. XVII.

Commissary-
general may be
appointed, in
case, etc.

Militia oflicera,
how removed.

Who may vote
for captains and
subalterns.

Oath to be taken
by all ofBcers.
See Const.,
Ch. VI. Art. I.

he may claim a right to rote, six calendar months next
preceding any election of governor, lieutenant-governor,
senators, or representatives, and who shall have paid, by
himself, or his parent, master, or guardian, any state or
county tax, which shall, within two years next preceding
such election, have been assessed upon him, in any town
or district of this commonwealth; and also every citizen
who shall be, by law, exempted from taxation, and who
shall he, in all other respects, qualified as above mentioned,
shall have a right to vote in such election of governor,
licutiMiaiit-govcrnor, senators, and representatives ; and no
other ptn'son shall l)e entitled to vote in such elections.

Bee also amendments, Art XXUI., which was annulled by aoiendments, Art. XXVI.

Art. IV. Notaries public shall be appointed by the
governor in the same manner as judicial officers are ap-
pointed, and shall hold their offices during seven years,
unless sooner removed by the governor, with the consent
of the council, upon the address of both houses of the
legislature.

[In case the office of secretaiy or treasurer of the com-
monwealth shall become vacant from any cause, during
the recess of the general court, the governor, with the
advice and consent of the council, shall nominate and
appoint, under such regulations as may be prescribed by
law, a competent and suitable j^erson to such vacant office,
who shall hold the same until a successor shall be appointed
by the general court.]

AVhenever the exigencies of the commonwealth shall
require the appointment of a commissary-general, he shall
be nominated, appointed, and commissioned, in such man-
ner as the legislature may, by law, prescribe.

All officers conmiissioned to command in the militia
may be removed from office in such manner as tl>e legis-
lature may, by law, prescribe.

Art. V. In the elections of captains and subalterns
of the militia, all the members of their respective compa-
nies, as well those under as those above the age of twenty-
one years, shall have a right to vote.

Art. VI. Instead of the oath of allegiance prescribed
by the constitution, the following oath shall be taken and
subscribed by every person chosen or appointed to any
office, civil or military, under the government of this
commonwealth, before he shall enter on the duties of his
office, to wit : —

"T A. R. do solemnly swear, that I will bear true faith

COMMONWEALTH OF MASSACHUSETTS.

Incompatibility
of offices.

122 Mass. 445,
600.

123 Mass. 535.

and allegiance to the Commonwealth of Massachusetts, and
will support the constitution thereof. So help me, God."

Provided^ That when any person shall be of the denomi- Proviso. Qua.
nation called Quakers, and shall decline taking said oath, ®"™*y" '■°'-
he shall make his affirmation in the foregoing form, omit-
ting the word " swear " and inserting, instead thereof, the
word " affirm," and omitting the words " So help me, God,"
and subjoining, instead thereof, the words, "This I do
under the pains and penalties of perjury."

Art. VH. No oath, declaration, or subscription, except- Testa abolished,
ing the oath prescribed in the preceding article, and the
oath of office, shall be required of the governor, lieutenant-
governor, councillors, senators, or representatives, to quali-
fy them to perform the duties of their respective offices.

Art. VIII. No judge of any court of this common-
wealth, (except the court of sessions,) and no person
holding any office under the authority of the United
States, (postmasters excepted,) shall, at the same time,
hold the office of governor, lieutenant-governor, or coun-
cillor, or have a seat in the senate or house of representa-
tives of this commonwealth ; and no judge of any court in
this commonwealth, (except the court of sessions,) nor
the attorney-general, solicitor-general, county attorney,
clerk of any court, sheriff, treasurer, and receiver-general,
register of probate, nor register of deeds, shall continue
to hold his said office after being elected a member of the
Congress of the United States, and accepting that trust ;
but the acceptance of such trust, by any of the officers
aforesaid, shall be deemed and taken to be a resignation
of his said office ; and judges of the courts of common pleas
shall hold no other office under the government of this
commonwealth, the office of justice of the peace and mili-
tia offices excepted.

Art. IX. If, at any time hereafter, any specific and Amendments to
particular amendment or amendments to the constitution how made."'
be proposed in the general court, and agreed to by a ma-
jority of the senators and two-thirds of the members of
the house of representatives present and voting thereon,
such proposed amendment or amendments shall be entered
on the journals of the two houses, with the yeas and nays
taken thereon, and referred to the general court then next
to be chosen, and shall be published ; and if, in the general
court next chosen as aforesaid, such proposed amendment
or amendments shall be agreed to by a majority of the

CONSTITUTION OF THE

senators and two-thirds of the members of the house of
representatives present and voting thereon, then it shall
be the duty of the general court to submit such proposed
amendment or amendments to the people ; and if they
shall be approved and ratified by a majority of the quali-
fied voters, voting thereon, at meetings legally warned and
holden for that purpose, they shall become part of the
constitution of this commonwealth.

Commencement
of political year,

and termination.

Meetings for the
choice of gov-
ernor, lieuten-
ant-governor,
etc., when to be
held.

This clause
superseded by
amendments,
Art. XV.

Article, -when to
go into opera-
tion.

Art. X. The political year shall begin on the first
Wednesday of January, instead of the last Wednesday of
May ; and the general court shall assemble every year on
the said first Wednesday of January, and shall proceed, at
that session, to make all the elections, and do all the other
acts, which are by the constitution required to be made and
done at the session which has heretofore commenced on the
last Wednesday of May. And the general court shall be
dissolved on the day next preceding the first Wednesday
of January, without any proclamation or other act of the
governor. But nothing herein contained shall prevent
the general court from assembling at such other times as
they shall judge necessary, or when called together by the
governor. The governor, lieutenant-governor and coun-
cillors, shall also hold their respective offices for one year
next following the first Wednesday of January, and until
others are chosen and qualified in their stead.

[The meeting for the choice of governor, lieutenant-
governor, senators, and representatives, shall be held on
the second Monday of November in every year ; but meet-
ings may be adjourned, if necessary, for the choice of
representatives, to the next day, and again to the next
succeeding day, but no further. But in case a second
meeting shall be necessary for the choice of rex^resenta-
tives, such meetings shall be held on the fourth Monday
of the same month of November.]

All the other provisions of the constitution, respecting
the elections and proceedings of the members of the gen-
eral court, or of any other officers or persons whatever, that
have reference to the last Wednesday of May, as the com-
mencement of the political year, shall be so far altered, as
to have like reference to the first Wednesday of January.

This article shall go into operation on the first day of
October, next following the day when the same shall be
duly ratified and adopted as an amendment of the cpnsti-
tution; and the governor, lieutenant-governor, councillors,
senators, representatives, and all other state officers, who

COMMONWEALTH OF MASSACHUSETTS.

Inconsistent

provisions
onuulliid.

Religious
freedom
established.
See Dec. of
Rights, Art.
UI.

are annually chosen, and who shall be chosen for the cur-
rent year, when the same shall go into operation, shall
hold their respective offices until the first Wednesday of
January then next following, and until others are chosen
and qualified in their stead, and no longer; and the first
election of the governor, lieutenant-governor, senators, and
representatives, to be had in virtue of this article, shall
be had conformably thereunto, in the month of November
following the day on which the same shall be in force, and
go into operation, pursuant to the foregoing provision.

All the provisions of the existing constitution, incon-
sistent with the provisions herein contained, are hereby
wholly annulled.

Art. XI. Instead of the third article of the bill of
rights, the following modification and amendment thereof
is substituted : —

" As the public worship of God and instructions in
piety, religion, and morality, promote the happiness and
prosperity of a people, and the security of a republican
government; therefore, the several religious societies of
this commonwealth, whether corporate or unincorporate,
at any meeting legally warned and holden for that pur-
pose, shall ever have the right to elect their pastors or
religious teachers, to contract with them for their support,
to raise money for erecting and repairing houses for public
worship, for the maintenance of religious instruction, and
for the payment of necessary expenses ; and all persons
belonging to any religious society shall be taken and held
to be members, until they shall file with the clerk of such
society a written notice, declaring the dissolution of their
membership, and thenceforth shall not be liable for any
grant or contract which may be thereafter made, or entered
into by such society ; and all religious sects and denomi- 122 Maes. 40, 41.
nations, demeaning themselves peaceably, and as good citi-
zens of the commonwealth, shall be equally under the
protection of the law ; and no subordination of any one
sect or denomination to another shall ever be established
by law."

Art. XII. [In order to provide for a representation
of the citizens of this commonwealth, founded upon the
principles of equality, a census of the ratable polls, in each
city, town, and district of the commonwealth, on the first
day of May, shall be taken and returned into the secre-
tary's office, in such manner as the legislature shall pro-
vide, within the month of May, in the year of our Lord

Census of rata-
ble polls to be
taken in 1837,
and decennially
thereafter.
This article was
superseded by
amendments,
Art. Xm.,
which was also
superseded by

CONSTITUTION OF THE

araendments,
Art. XXI.
Kepre&eiita-
tives, how
apportioned.

Towns having
less than 300
ratable polls,
how represent-
ed

Fractions, how
represented.

TcwTiB may
unite into repre-
sentative dis-
tricts.

The governor
and council to
determine the
number of rep-
resentatives to
■which each
town is entitled.

New apportlon-
nienttobe made
once in every
ten years.

one thousand eight hundred and thirty-seven, and in every
tenth year thereafter, in the month of May, in manner
aforesaid ; and each town or city having three hundred rata-
ble polls at the last preceding decennial census of polls,
may elect one representative, and for every four hundred
and fifty ratable polls in addition to the first three hun-
dred, one representative more.

Any town having less than three hundred ratable polls
shall be represented thus : The whole number of ratable
polls, at the last preceding decennial census of polls, shall
be multiplied by ten, and the product divided by three
hundred ; and such town may elect one representative as
many years within ten years, as three hundred is contained
in the product aforesaid.

Any city or town having ratable polls enough to elect
one or more representatives, with any number of polls
beyond the necessary number, may be represented, as to
that surplus number, by multiplying such surplus number
by ten and dividing the product by four hundred and fifty;
and such city or town may elect one additional represen-
tative as many years, within the ten years, as four hundred
and fifty is contained in the product aforesaid.

Any two or more of the several towns and districts
may, by consent of a majority of the legal voters present
at a legal meeting, in each of said towns and districts,
respectively, called for that purpose, and held previous to
the first day of July, in the year in which the decennial
census of polls shall be taken, form themselves into a rep-
resentative district to continue until the next decennial
census of polls, for the election of a representative, or rep-
resentatives ; and such district shall have all the rights, in
regard to representation, which would belong to a town
containing the same number of ratable polls.

The governor and council shall ascertain and determine,
within the months of July and August, in the year of our
Lord one thousand eight hundred and thirty-seven, accord-
ing to the foregoing principles, the number of representa-
tives, which each city, town, and representative district is
entitled to elect, and the number of years, within the
period of ten years then next ensuing, that each city,
town, and representative district may elect an additional
representative ; and where any town has not a sufficient
number of polls to elect a representative each year, then,
how many years within the ten years, such town may elect
a representative ; and the same shall be done once in ten
years, thereafter, by the governor and council, and the

COMMONWEALTH OF MASSACHUSETTS.

number of ratable polls in each decennial census of polls,
shall determine the number of representatives, which each
city, town and representative district may elect as afore-
said ; and when the number of representatives to be elected
by each city, town, or representative district is ascertained
and determined as aforesaid, the governor shall cause the
same to be published forthwith for the information of the
people, and that number shall remain fixed and unalterable
for the period of ten years.

All the provisions of the existing constitution incon-
sistent with the provisions herein contained, are hereby
wholly annulled.]

Inconsistent

provisions

annulled.

Art. XHI. [A census of the inhabitants of each city
and town, on the first day of May, shall be taken, and
returned into the secretary's office, on or before the last
day of June, of the year one thousand eight hundred and
forty, and of every tenth year thereafter; which census
shall determine the apportionment of senators and repre-
sentatives for the term of ten years. 122 Mass. 595.

The several senatorial districts now existing shall be
permanent. The senate shall consist of forty members ;
and in the year one thousand eight hundred and forty,
and every tenth year thereafter, the governor and council
shall assign the number of senators to be chosen in each
district, according to the number of inhabitants in the
same. But, in all cases, at least one senator shall be
assigned to each district.

The members of the house of representatives shall be
apportioned in the following manner : Every town or city
containing twelve hundred inhabitants may elect one rep-
resentative ; and two thousand four hundred inhabitants
shall be the mean increasing number, which shall entitle
it to an additional representative.

Every town containing less than twelve hundred inhab-
itants shall be entitled to elect a representative as many
times within ten years as the number one hundred and
sixty is contained in the number of the inhabitants of said
town. Such towns may also elect one representative for
the year in which the valuation of estates within the com-
monwealth shall be settled.

Any two or more of the several towns may, by consent
of a majority of the legal voters present at a legal meet-
ing, in each of said towns, respectively, called for that
purpose, and held before the first day of August, in the
year one thousand eight hundred and forty, and every

Census of inhab-
itants to betaken
in 1840, and de-
cennially there-
after, for basis
of representa-
tion.

Provisions as to
census super-
seded by amend-
ments, Arts.
XXI. and XXII.
Senatorial dis-
tricts declared
permanent.
Provisions as to
senators super-
seded by amend,
raents, Art.
XXTI.

House of repre-
sentatives, how
apportioned.
Provisions as to
representatives
superseded by
amendments,
Art. XXI.

Small towns,
how repre-
sented.

Towns may
unite into repre-
sentative dia-
tricta.

CONSTITUTION OF THE

Basis of repre-
sentation, and
ratio of increaee.

tenth year thereafter, form themselves into a representa-
tive district, to continue for the term of ten years ; and
such district shall have all the rights, in regard to repre-
sentation, which would belong to a town containing the
same number of inhabitants.

The number of inhabitants which shall entitle a town
to elect one representative, and the mean increasing num-
ber which shall entitle a town or city to elect more than
one, and also the number by which the population of towns
not entitled to a representative every year is to be divided,
shall be increased, respectively, by one-tenth of the num-
bers above mentioned, whenever the population of the
commonwealth shall have increased to seven hundred and
seventy thousand, and for every additional increase of
seventy thousand inhabitants, the same addition of one-
tenth shall be made, respectively, to the said numbers
above mentioned.

In the year of each decennial census, the governor and
council shall, before the first day of September, apportion
the number of representatives which each city, town, and
representative district is entitled to elect, and ascertain
how many years, within ten years, any town may elect a
representative, which is not entitled to elect one every
year ; and the governor shall cause the same to be pub-
lished forthwith.

Nine councillors shall be annually chosen from among
the people at large, on the first Wednesday of January,
or as soon thereafter as may be, by the joint ballot of the
senators and representatives, assembled in one room, who
shall, as soon as may be, in like manner, fill up any vacan-
cies that may happen in the council, by death, resignation,
or otherwise. No person shall be elected a councillor, who
has not been an inhabitant of this commonwealth for the
term of five years immediately preceding his election;
and not more than one councillor shall be chosen from
any one senatorial district in the commonwealth.]

No possession of a freehold, or of any other estate, shall
be required as a qualification for holding a seat in either
branch of the general court, or in the executive council.

Elections by (he Art. XIV. lu all clectious of civil officers by the peo-
pfn^am^of'' ^^ pie of this commonwealth, whose election is provided for
votes. \yj lY^Q constitution, the person having the highest number

of votes shall be deemed and declared to be elected.

Time of annual Art. XV. Tlic meeting for the choice of governor,
eraorTna ifgu- licutenant-govemor, senators, and representatives, shall

lalure.

The governor
and council to
apportion the
number of rep-
resentatives of
each town once
in every ten
years.

Councillors to
be chosen from
the people at
large.

Provisions as to
councillors
superseded by
ainendments,
Art. XVI.

Qualitications of
councillors.

Freehold as a
qualification for
a seat in general
court or council
not required.

COMMONWEALTH OF MASSACHUSETTS.

be held on the Tuesday next after the first Monday in
November, annually ; but in case of a failure to elect repre-
sentatives on that day, a second meeting shall be holden,
for that purpose, on the fourth Monday of the same month
of November.

Art. XVI. Eight councillors shall be annually chosen
by the inhabitants of this commonwealth, qualified to vote
for governor. The election of councillors shall be deter-
mined by the same rule that is required in the election of
governor. The legislature, at its first session after this
amendment shall have been adopted, and at its first ses-
sion after the next state census shall have been taken,
and at its first session after each decennial state census
thereafterwards, shall divide the commonwealth into eight
districts of contiguous territory, each containing a number
of inhabitants as nearly equal as practicable, Avithout divid-
ing any town or ward of a city, and each entitled to elect
one councillor : provided, however, that if, at any time, the
constitution shall provide for the division of the common-
wealth into forty senatorial districts, then the legislature
shall so arrange the councillor districts, that each district
shall consist of five contiguous senatorial districts, as
they shall be, from time to time, established by the legisla-
ture. No person shall be eligible to the office of council-
lor who has not been an inhabitant of the commonwealth
for the term of five years immediately preceding his elec-
tion. The day and manner of the election, the return of
the votes, and the declaration of the said elections, shall
be the same as are required in the election of governor.
[Whenever there shall be a failure to elect the full num-
ber of councillors, the vacancies shall be filled in the same
manner as is required for filling vacancies in the senate ;
and vacancies occasioned by death, removal from the state,
or otherwise, shall be filled in like manner, as soon as ma}''
be, after such vacancies shall have happened.] And that
there may be no delay in the organization of the govern-
ment on the first Wednesday of January, the governor,
with at least five councillors for the time being, shall, as
soon as may be, examine the returned copies of the records
for the election of governor, lieutenant-governor, and coun-
cillors ; and ten days before the said first Wednesday in
January he shall issue his summons to such persons as
appear to be chosen, to attend on that day to be qualified
accordingly ; and the secretary shall lay the returns before
the senate and house of representatives on the said first

Eight council'
lois to be chosen
by the people.
122 Maes. 595.

Legislature to
district state.

Eligibility
defined.

Day and manner
of election, etc.

Vacancies, how
filled.

For new pro-
vision as to
vacancies, see
amendments,
XXV.

Organization of
the government.

CONSTITUTION OF THE

Election of
t.inretary, treas-
I'rer, auditor,
Hiid attoi-ney-
gcneral by the
people.

Vacancies, how
tilled.

To qualify with-
in ten dayB,
otlicrwise office
to be deemed
vacant.

Qualification
requisite.

School moneys
not to be ap-
plied for secta-

"Wednesday in January, to be by them examined ; and in
case of the election of either of said officers, tlie choice
shall be by them declared and published ; but in case there
shall be no election of either of said officers, the legisla-
ture shall proceed to fill such vacancies in the manner pro-
vided in the constitution for the choice of such officers.

Art. XVII. The secretary, treasurer and receiver-
general, auditor, and attorney-general, shall be chosen
annually, on the day in November prescribed for the
choice of governor ; and each person then chosen as such,
duly qualified in other respects, shall hold his office for
the term of one year from the third Wednesday in Jan-
uary next thereafter, and until another is chosen and
qualified in his stead. The qualification of the voters,
the manner of the election, the return of the votes, and
the declaration of the election, shall be such as are required
in the election of governor. In case of a failure to elect
either of said officers on the day in November aforesaid,
or in case of the decease, in the mean time, of the person
elected as such, such officer shall be chosen on or before
the third Wednesday in January next thereafter, from
the two persons who had the highest number of votes for
said offices on the day in November aforesaid, by joint
ballot of the senators and representatives, in one room;
and in case the office of secretary, or treasurer and receiver-
general, or auditor, or attorney-general, shall become va-
cant, from any cause, during an annual or special session
of the general court, such vacancy shall in like manner
be filled by choice from the people at large ; but if such
vacancy shall occur at any other time, it shall be supplied
by the governor by appointment, with the advice and con-
sent of the council. The person so chosen or appointed,
duly qualified in other respects, shall hold his office until
his successor is chosen and duly qualified in his stead.
In case any person chosen or appointed to either of the
offices aforesaid, shall neglect, for the space of ten days
after he could otherwise enter upon his duties, to qualify
himself in all respects to enter upon the discharge of such
duties, the office to which he has been elected or appointed
shall be deemed vacant. No person shall be eligible to
either of said offices unless he shall have been an inhabit-
ant of this commonwealth five years next preceding his
election or appointment.

Art. XVIII. All moneys raised by taxation in the
towns and cities for the support of public schools, and

COMMONWEALTH OF MASSACHUSETTS.

all moneys which may be appropriated by the state for
the support of common schools, shall be applied to, and
expended in, no other schools than those which are con-
ducted according to law, under the order and superintend-
ence of the authorities of the town or city in which the
money is to be expended; and such moneys shall never
be appropriated to any religious sect for the maintenance,
exclusively, of its own school.

Art. XIX. The legislature shall prescribe, by general
law, for the election of sheriffs, registers of probate, com-
missioners of insolvency, and clerks of the courts, by the
people of the several counties, and that district-attorneys
shall be chosen by the people of the several districts, for
such term of office as the legislature shall prescribe.

Art. XX. No person shall have the right to vote, or
be eligible to office under the constitution of this common-
wealth, who shall not be able to read the constitution in
the English language, and write his name : provided, how-
ever, that the provisions of this amendment shall not apply
to any person prevented by a physical disability from com-
plying with its requisitions, nor to any person who now
has the right to vote, nor to any persons who shall be
sixty 3^ears of age or upwards at the time this amendment
shall take effect.

Art. XXI. A census of the legal voters of each city
and town, on the first day of May, shall be taken and
returned into the office of the secretary of the common-
wealth, on or before the last day of June, in the year one
thousand eight liundred and fiftj'-seven ; and a census of
the inhabitants of each city and town, in the year one
thousand eight hundred and sixty-five, and of every tenth
year thereafter. In the census aforesaid, a special enumer-
ation shall be made of the legal voters ; and in each city,
said enumeration shall specify the number of such legal
voters aforesaid, residing in each ward of such city. The
enumeration aforesaid shall determine the apportionment
of representatives for the periods between the taking of
the census.

The house of representatives shall consist of two hun-
dred and forty members, which shall be apportioned by
the legislature, at its first session after the return of each
enumeration as aforesaid, to the several counties of the
commonwealth, equally, as nearly as may be, according
to their relative numbers of legal voters, as ascertained

rian schools.

For original

provision as to

schools, see

conslitulion,

Part First, Art.

HI.

12 Allen, 500,

508.

103 Mass. 94, 96.

Legislature to
prescribe for
the election of
sheritis, regis-
ters of probate,
etc., by the
people.
8 Gray, 1.
13 Gray, 74.
110 Mass. 172,
173.

117 Mass. 602,
603.

121 Mass. 65.
Reading consti-
tution in English
and writing,
necessary quail-
fieations of
voters.
Proviso.

For other quali-
fications, see
amendments,
Art. III.
See also amend-
ments, Art.
XXni., which
was annulled by
amendments,
Art. XXVI.

Census of legal
voters and of
inhabitants,
when taken, etc.
See P. 8. c. SI.

House of repre.
sent.atives to
consist of 240
members.
Legislature to
apportion, etc.
10 Gray, 013.

CONSTITUTION OF THE

Secretary eliall
certify to officers
authorized to
divide counties.

Meeting for
division to be
first Tuesday
in August.
Proceedings.

Qualifications of
representatives.
1-22 Mass. 595,
59S.

Districts to be
numbered,
described and
certified.

One hundred
members a
quorum.

by the next preceding special enumeration ; and the town
of Cohasset, in the county of Norfolk, shall, for this pur-
pose, as well as in the formation of districts, as hereinafter
provided, be considered a part of the county of Plymouth;
and it shall be the duty of the secretary of the common-
wealth, to certify, as soon as may be after it is determined
by the legislature, the number of representatives to which
each county shall be entitled, to the board authorized to
divide each county into representative districts. The
mayor and aldermen of the city of Boston, the county
commissioners of other counties than Suffolk, — or in lieu
of the mayor and aldermen of the city of Boston, or of the
county commissioners in each county other than Suffolk,
such board of special commissioners in each county, to
be elected by the people of the county, or of the towns
therein, as may for that purpose be provided by law, —
shall, on the first Tuesday of August next after each
assignment of representatives to each county, assemble at
a sliire town of their respective counties, and proceed, as
soon as may be, to divide the same into representative
districts of contiguous territory, so as to apportion the
representation assigned to each county equally, as nearly
as may be, according to the relative number of legal voters
in the several districts of each county ; and such districts
shall be so formed that no town or ward of a city shall
be divided therefor, nor shall any district be made which
shall be entitled to elect more than three representatives.
Every representative, for one year at least next preceding
his election, shall have been an inliabitant of the district
for which her is chosen, and shall cease to represent such
district when he shall cease to be an inhabitant of the
commonwealth. The districts in each county shall be
numbered by the board creating the same, and a descrip-
tion of each, with the numbers thereof and the number of
legal voters therein, shall be returned by the board, to the
secretary of the commonwealth, the county treasurer of
each county, and to the clerk of every town in each dis-
trict, to be filed and kept in their respective offices. The
manner of calling and conducting the meetings for the
choice of representatives, and of ascertaining their elec-
tion, shall be prescribed by law. Not less than one
hundred members of the house of representatives shall
constitute a quorum for doing business ; but a less num-
ber may organize temporarily, adjourn from day to day,
and compel the attendance of absent members.

COMMONWEALTH OF MASSACHUSETTS.

AliT. XXII. A census of the legal voters of each city
and town, on the first day of May, shall be taken and
returned into the office of the secretary of the common-
wealth, on or before the last day of June, in the year one
thousand eight hundred and fifty-seven ; and a census of
the inhabitants of each city and town, in the year one
thousand eight hundred and sixty-five, and of every tenth
year thereafter. In the census aforesaid, a special enu-
meration shall be made of the legal voters, and in each
city said enumeration shall specify the number of such
legal voters aforesaid, residing in each ward of such city.
The enumeration aforesaid shall determine the apportion-
ment of senators for the periods between the taking of the
census. The senate shall consist of forty members. The
general court shall, at its first session after each next pre-
ceding special enumeration, divide the commonwealth into
forty districts of adjacent territory, each district to contain,
as nearly as may be, an equal number of legal voters, ac-
cording to the enumeration aforesaid: provided, however^
that no town or ward of a city shall be divided therefor ;
and such districts shall be formed, as nearly as may be,
without uniting two counties, or parts of two or more
counties, into one district. Each district shall elect one
senator, who shall have been an inhabitant of this com-
monwealth five years at least immediately preceding his
election, and at the time of his election shall be an inhab-
itant of the district for which he is chosen; and he shall
cease to represent such senatorial district when he shall
cease to be an inhabitant of the commonwealth. Not less
than sixteen senators shall constitute a quorum for doing
business ; but a less number may organize temporarily,
adjourn from day to day, and compel the attendance of
absent members.

Art. XXIII. [No person of foreign birth shall be en-
titled to vote, or shall be eligible to office, unless he shall
have resided within the jurisdiction of the United States
for Iwo years subsequent to his naturalization, and shall
be otherwise qualified, according to the constitution and
laws of this commonwealth: provided., that this amend-
ment shall not affect the rights which any person of foreign
birth possessed at the time of the adoption thereof; and,
provided, further, that it shall not affect the rights of any
child of a citizen of the United States, born during the
temporary absence of the parent therefrom.]

Aet. XXIV. Any vacancy in the senate shall be filled

Censns, etc.
See P. S. c. 31.

Voters to be
basis of appor-
tioninent of
senators.

Senate to consist
of forty mem-
bers.

SenatoHal
districts, etc.

See amend-
ments. Art.
XXIV.

Qualifications
of senators.

Sixteen mem-
bers a quorum.

Residence of
two years re-
quired of natu-
ralized citizens,
to entitle to suf-
frage or make
eligible to office.
Tbis article
annulled by
Art. XXVI.

Vacancies In the
senate.

CONSTITUTION OF THE

Vacancies in the
council.

Twenty-third
articleofamond-
muiits auuuUed.

Officers of
Harvard College
may be elected
members of
general court.

Persons having
served in the
U. 8. army or
navy, etc., not
to be disquali-
fied from voting,
etc.

by election by the people of the unrepresented district,
upon the order of a majority of the senators elected.

Art. XXV. In case of a vacancy in the council, from
a failure of election, or other cause, the senate and house
of representatives shall, by concurrent vote, choose some
eligible person from the people of the district wherein such
vacancy occurs, to fill that office. If such vacancy shall
happen when the legislature is not in session, the governor,
with the advice and consent of the council, may fill the
same by appointment of some eligible person.

Aet. XXVI. The twenty-third article of the articles
of amendment of the constitution of this commonwealth,
which is as follows, to wit : " No person of foreign birth
shall be entitled to vote, or shall be eligible to office, unless
he shall have resided within the jurisdiction of the United
States for two years subsequent to his naturalization, and
shall be otherwise qualified, according to the constitution
and laws of this commonwealth: provided^ that this amend-
ment shall not affect the rights which any person -of foreign
birth possessed at the time of the adoption thereof; and
provided^ further^ that it shall not affect the rights of any
child of a citizen of the United States, born during the
temporary absence of the parent therefrom," is hereby
wholly annulled.

Art. XXVII. So much of article two of chapter six
of the constitution of this commonwealth as relates to
persons holding the office of president, professor, or instruct-
or of Harvard College, is hereby annulled.

Art. XXVIII. No person having served in the army
or navy of the United States in time of war, and having
been honorably discharged from such service, if otherwise
qualified to vote, shall be disqualified therefor on account
of being a pauper; or, if a pauper, because of the non-
payment of a poll-tax.

COMMONWEALTH OF MASSACHUSETTS. 47

The constitution of Massachusetts was agreed upon by delegates
of the people, in convention, begun and held at Cambridge, on the
first day of September, 1779, and continued by adjournments to the
second day of March, 1780, when the convention adjourned to meet
on the first Wednesday of the ensuing June. In the mean time the
constitution was submitted to the people, to be adopted by them,
provided two-thirds of the votes given should be in the affirmative.
When the convention assembled, it was found that the constitution
had been adopted by the requisite number of votes, and the conven-
tion accordingly Resolved, "That the said Constitution or Frame of
Government shall take place on the last Wednesday of October next;
and not before, for any purpose, save only for that of making elections,
agreeable to this resolution." The first legislature assembled at Bos-
ton, on the twenty-fifth day of October, 1780.

The first nine Articles of Amendment were submitted, by delegates
in convention assembled, November 15, 1820, to the people, and by
them ratified and adopted, April 9, 1821.

The tenth Article was adopted by the legislatures of the political
years 1829-30, and 1830-31, respectively, and was approved and rati-
fied by the people May 11, 1831.

The eleventh Article was adopted by the legislatures of the politi-
cal years 1832 and 1833, respectively, and was approved and ratified
by the people November 11, 1833.

The twelfth Article was adopted by the legislatures of the political
years 1835 and 183G, respectively, and was approved and ratified by
the people the fourteenth day of November, 1836.

The thirteenth Article was adopted by the legislatures of the polit-
ical years 1839 and 1840, respectively, and was approved and ratified
by the people the sixth day of April, 1840.

The fourteenth, fifteenth, sixteenth, seventeenth, eighteenth, and
nineteenth Articles were adopted by the legislatures of the political
years 1854 and 1855, respectively, and ratified by the people the
twenty-third day of May, 1855.

The twentieth, twenty-first, and twenty-second Articles were
adopted by the legislatures of the political years 1856 and 1857i
respectively, and ratified by the people on the first day of May, 1857.

The twenty-third Article was adopted by the legislatures of the
political years 1858 and 18.59, respectively, and ratified by the people
on the ninth day of May, 1859, and was repealed by the twenty-sixth
Amendment.

48 CONSTITUTION OF MASSACHUSETTS.

The twenty-fourth and twenty-fifth Articles were adopted by the
legislatures of the political years 1859 and 1860, and ratified by the
people on the seventh day of May, 1860.

The twenty-sixth Article was adopted by the legislatures of the
political years 1802 and 1863, and ratified by the people on the sixth
day of April, 1863.

The twenty-seventh Article was adopted by the legislatures of the
political years 1876 and 1877, and was approved and ratified by the
people on the sixth day of November, 1877.
p

The twenty-eighth Article was adopted by the legislatures of the
political years 1880 and 1881, and was approved and ratified by the
people on the eighth day of November, 1881.

INDEX TO THE CONSTITUTION.

Address of both houses of the legislature, judicial officers may be
removed by governor with consent of council upon, ,

Adjutant-general, appointed by the governor, ....

Adjutants, to be appointed by commanding officers of regiments,

Affii-mations, instead of the required oaths, may be made by Quakers

Agriculture, arts, commerce, etc., to be encouraged.

Alimony, divorce, etc.,

Amendment to the constitution, proposed in the general court
agreed to by a majority of senators and two-thirds of
house present and voting thereon by yeas and nays; en-
tered upon the journals of both houses, and referred to
the next general court : if the next general court agrees
to the proposition in the same manner, and to the same
effect, it shall be submitted to the people, and, if ap-
proved by them by a majority vote, becomes a part of the
constitution,

Apportionment of councillors, 23

state to be divided into eight districts, ....

Apportionment of senators, 12

on basis of legal voters, and state to be divided into forty
districts,

Apportionment of representatives, 16, 38

to the several counties, made on the basis of legal voters.

Armies, dangerous to liberty, and not to be maintained without con
sent of the legislature,

Arms, right of people to keep and to bear, for public defence.

Arrest, members of house of representatives exempted from, on
mesne process, while going to, returning from, or attend-
ing the general assembly,

Arrest, search and seizure, right of, regulated, ....

warrant to contain special designation, .....

Attorney-general, to be chosen by the people annually in November,

to hold office for one year from third Wednesday in January

next thereafter, and until another is chosen and qualilied,

election determined by legislature,

in failure of election by the voters, or in case of decease of
person elected, vacancy to be filled by joint '/allot of legis-
lature from the two persons having the highest number of

votes at November election

Page

21
21
30, 35
28
26

35, 36

40,41

39, 45

30, 43

7
7

20, 42

42
42

50 INDEX TO THE CONSTITUTION.

Attoruej' -general, vacancy occurring during session of tlie legisla-
ture, filled by joint ballot of legislature from the people
at large, 42

vacancy occurring during recess of legislature, filled by gov-
ernor by appointment, with consent of council, . .* 42

not eligible, unless an inhabitant of the state for five j'ears

next preceding election or appointment, .... 42

office to be deemed vacant if person elected or appointed

fails to be qualified within ten days, 42

Attorneys, district, elected by the people of the several districts, 43
Auditor, to be cliosen by the people annually in November, . . 42

to hold office for one year from third Wednesday in January

next thereafter, and until another Is chosen and qualified, 42

election determined by legislature, 42

vacancy filled in same manner as in office of attorney-general, 42

not eligible, unless an inhabitant of the state for five years

next preceding election, 42

office to be deemed vacant if person elected or appointed fails

to be qualified within ten days, 42

Bail or sureties, excessive, not to be required, 9

Bills, money, to originate in the house of representatives, . . 17
Bills and resolves, to be laid before governor for revisal, . . 10

to have force of law if signed by governor, .... 10
if objected to by governor in writing, to be returned to
branch in which originated, and may be passed by two-
thirds of each branch present and voting thereon by yeas

and nays, 10

if not returned by governor within five days after presenta-
tion, to have force of law, unless the legislature adjourns

before that time expires, 10, 33

Boards, public, to make quarterly reports to the governor, . . 22

Body politic, formation and nature of, 3

title of: The Commonwealth of Massachusetts, ... 9

Bribery or corruption used in procuring an appointment or election,

to disqualify from holding any office of trust, etc., . . 31

Census of ratable polls, 37

of inhabitants, 39. 43, 45

of inhabitants and legal voters taken in the year 1SG5, and

every tenth year thereafter, 43, 45

enumeration of voters to determine the apportionment of

representatives, 43

INDEX TO THE CONSTITUTION. 51

Cities, may be cliartered by the general court, if containing twelve
thousand inhabitants and consented to by a majority

thereof, 33

Civil officers, meeting for election to be held annually on the Tues-
day next after the first Monday in November, ... 40
whose election is provided for by the constitution to be

elected by a plurality of votes, 40

Clerks of courts, elected by the people of the several counties, 43

Clerks of towns, to make records and returns of elections, . . 13
Colonial laws, not repugnant to the constitution, continued in

force, 31

Commander-in-chief, governor to be, 19

Commerce, agriculture and the arts, to be encouraged, ... 28
Commissary -general, appointed and commissioned as fixed by law, . 25, 34
Commission oflicers, tenure of oflSce to be expressed in commissions, 25
Commissioners of insolvency, elected by the people of the several

counties 43

Commissions, to be in the name of the Commonwealth, signed by
governor, attested by the secretary, and have the great

seal aflixed, 31

Congress, delegates to, , . 26

members of, may not hold certain state offices, . . 35
Constitution, amendment to, proposed in the general court, agreed
to by a majority of senators and two-thirds of the house
present and voting thereon by yeas and nays; entered
upon the journals of both houses, and referred to the
next general court : if the next general court agrees to
the proposition in the same manner and to the same
effect, it shall be submitted to the people, and, if approved
by them by a majority vote, becomes a part of the con-
stitution, 35, 36

Constitution, provisions for revising, 32, 35

to be enrolled on pai'chment, deposited in secretary's office,

and printed in all editions of the laws 33

Coroners, 20

Corruption or bribery used in procuring any appointment or elec-
tion, to disqualify from holding any office of trust, etc., 31

Council, five members to constitute a quorum, 24

eight councillors to be elected annually, 24, 41

election to be determined by rule required in that of gover-
nor, 41

to take oath of office before the president of the senate in

presence of both houses of assembly, .... 30
to rank next after the lieutenant-governor, .... 24
resolutions and advice to be recorded in a register, and signed

by the members present, 24

INDEX TO THE CONSTITUTION.

Couucil to exercise the power of governor when office of governor

and lieutenant-governor is vacant, 24

no property qualification required, 40

eight districts to be formed, each composed of five contiguous

senatorial districts, 41

eligible to election if an inhabitant of state for five years pre-
ceding election, 41

term of office, 36

vacancy to be filled by election of a resident of the district by
concurrent vote of the senate and house; if legislature is
not in session, to be filled by governor with advice of

council, 46

Court, superior, judges not to hold certain other offices, ... 35
Court, supreme judicial, judges to have honorable salaries fixed
by standing laws, and to hold office during good be-
havior, 9, 22

judges not to hold certain other offices, ..... 35
to give opinions upon important questions of law, etc., when
required by either branch of the legislature or by the

governor and council, 25

Courts, clerks of, elected by the people of the several counties, . 43

Courts, probate, provisions for holding, 26

registers elected by the people of the several counties, . . 43

Courts and judicatories may be established by the general court, . 10, 11

may administer oaths or affirmations, . . . . . 11

Crimes and oSences, prosecutions for, regulated, . . . . 6, 7

Crimes to be proved in the vicinity of where they happen, . . 7

Debate,' freedom of, in the legislature, 8

Declaration of the rights of the inhabitants 4

Declaration and oaths of officers ; tests abolished, . . .29, 34, 35

Delegates to congress, 26

Departments, legislative, executive and judicial, to be kept separate, 9

District attorneys, elected by the people of the several districts, . 43
Districts, councillor, eight, each to be composed of five contiguous

senatorial districts, 41

Districts, senatorial, forty, to be of adjacent territory, and to con-
tain as near as may be an equal number of voters, . . 45
Districts, representative, to be established by commissioners in the

several counties, 39, 44

Divorce, alimony, etc 26

INDEX TO THE CONSTITUTION. 53

Educational interests to be cherished, 28

Elections ought to be free, 6

Elections, by the people, of civil officers provided for by the consti-
tution, to be by plurality of votes, 40

Election of civil officers, meeting to be held annually on the first

Tuesday next after the first Monday in November, . . 40
in case of failure to elect representative, meeting to be held

on fourth Monday of November, 41

Election returns, 13, 41

Enacting style of laws, established, 32

Equality and natural rights of all men, 4

Estates, valuation to be taken anew once at least every ten years, . 12

Executive department, not to exercise legislative or judicial powers, 9

£'xpos«/acto laws, declared unjust and oppressive, .... 8

Felony and treason, no subject to be declared guilty of, by the legis-
lature, 8

Fines, excessive, not to be imposed, . 9

Frame of government, 9

Freedom of speech and debate in the legislature, .... 8
Freehold, possession of, not required as qualification for seat in the

general court or council, 40

Fundamental principles of the constitution, a frequent recurrence to,

recommended, , , 8

General court, to assemble frequently for redress of grievances, and
for making laws,

freedom of speech and debate in,

not to declare any subject to be guilty of treason or felony

formed by two branches, asenate and house of representatives

each having a negative on the other, . . . . 10

to assemble every year on the first Wednesday of January, at
such, other times as they shall judge necessary, and when-
ever called by the governor with the advice of council, 10, 18, 36

may constitute and erect judicatories and courts. . • . 10,11

may make wholesome and reasonable laws and ordinances not

repugnant to the constitution. 11

may provide for the election or appointment of officers, and

prescribe their duties, 11

may Impose taxes, etc., to be used for the public service, . 11

INDEX TO THE CONSTITUTION.

19
25
31

31
30

19
21

41, 42

Page
General court, to be dissolved on the day next preceding the first

Wednesday of January, 19,36

travelling expenses of members, 16

may be adjourned or prorogued, upon its request, by the gov-
ernor with advice of council,

session may be directed by governor, with advice of council,
to be held in other than the usual place in case of an infec-
tious distemper prevailing,

judicial officers may be removed upon address of, .

person convicted of bribery not to hold seat in,

may increase property qualifications of persons to be elected
to office,

certain officers not to have seats in, ....

may be prorogued by governor and council for ninety days
if houses disagree, etc.,

to elect major-generals by concurrent vote,

empowered to charter cities,

to determine election of governor, lieutenant-governor and
councillors, ........

to prescribe by law for election of sherifis, registers of probate
and commissioners of insolvency by the people of the
counties, and district attorneys by the people of the

districts, 43

Government, objects of 3, 5, 6

Government by the people, as a free, sovereign and independent

state, 5

Governor, the supreme executive magistrate, styled, — The Gover-
nor of the Commonwealth of Massachusetts ; with the
title of, — His Excellency ; elected annually,

qualifications, — to have been an inhabitant of the state for
seven years, and have freehold of £1,000 value,

term of office,

should have an honorable stated salary, ....

the commander-in-chief, of the array and navy, but may not
oblige them to go out of the limits of the state,

to appoint the adjutant-general,

may call together the councillors at any time,

not to hold certain other offices

to take oaths of office before president of the senate in pres
ence of the two houses of assembly, ...

to sign all commissions,

election determined by the legislature, ....

veto power,

A'acancy in office of, powers to be exercised by the lieutenant
governor • . . . .

vacancy in office of governor and lieutenant-governor, powers

to be exercised by the council, 24

18, 35
36
22

19
21
19
30

41,42

INDEX TO THE CONSTITUTION. 55

Page
Governor, with advice of council, may adjourn or prorogue the

legislature upon request, and convene the same, . . 19

may adjourn or prorogue the legislature for not exceeding
ninety days when houses disagree, or may direct session
to be held in other than the usual place in case of an in- ,

fectious distemper prevailing, 19

to appoint all judicial officers, notaries public and coroners;
nominations to be made at least seven days before
appointment, 20, 21, 34

to appoint officers of the continental army, . , . , 21

may pardon offences, but not before conviction, ... 20

may fill vacancy in council occurring when legislature is not

in session, 46

with consent of council, may remove judicial officers, upon

the address of both houses of the legislature, ... 25
Governor and council, to examine election returns, , , . .14,41

may punish persons guilty of disrespect, etc., by imprison-
ment not exceeding thirty days, 17

quorum to consist of governor and at least five members

of the council, 19

may require the attendance of the secretary of the common-
wealth in person or by deputy, ...... 25

Habeas corpus, privilege of writ to be enjoyed in the most ample
manner, and not to be suspended by legislature except

upon most urgent occasions, 32

Harvard College, powers and privileges, gifts, grants and convey-
ances confirmed, 26, 27

board of overseers established, but the government of the

college may be altered by legislature, . . . . 27, 28

officers may be elected members of the general court, . . 46
Hereditary offices and privileges, absurd and unnatural, ... 5

House of Representatives, members may be instructed by the people, 8

a representation of the people annually elected and founded

upon the principle of equality, 15

may impose fines upon towns not choosing members, . . 16

expense of travel once every session each way, to be paid by

the government, 16

to enter objections made by governor to a bill or resolve at

large upon records 10

qualifications of members, ...... 16, 40, 44

must be an inhabitant of district for one year preceding elec-
tion, and shall cease to be a member when ceasing to be
an inhabitant of the state, ii

56 INDEX TO THE CONSTITUTION.

Page
House of Eepresentatives, members not to be arrested on mesne
process during going to, return from, or attending the

general assembly, 17

the grand inquest of the commonwealth, .... 17
to originate all money bills, but the senate may propose or

concur with amendments, 17

not to adjourn more than two days at a time, ... 17
one hundred members constitute a quorum, . . . . 17, 44
to choose officers, establish its rules, etc., . . . . 17
may punish by imprisonment, not exceeding thirty days, per-
sons guilty of disrespect, etc. ; trial may be by com-
mittee, 17

privileges of members 17

may require the attendfrnce of secretary of the commonwealth

in person or by deputy, 25

may require the opinions of the justices of the supreme judi-
cial court upon important questions of law, and upon

solemn occasions, 25

meeting for election to be held on the Tuesday next after the

first Monday of November, 40

in case of failure to elect, meeting to be held on the fourth

Monday of November, 41

to consist of two hundred and forty members, apportioned
to the several counties equally, according to relative

numbers of legal voters, 43

commissioners to divide counties into representative districts
of contiguous territory, but no town or ward of a city to

be divided, 44

no district entitled to elect more than three representa-
tives, 44

board authorized to divide county into districts, to be certi-
fied to by the secretary, the number of representatives to
which the county is entitled, 44

Impeachments, by the house of representatives, to be tried by the
senate ; limitation of sentence ; party convicted liable to

indictment, 15

Incompatible offices, 30, 35

" Inhabitant," the word defined 13

Inhabitants, census to be taken in 1865, and every tenth year there-
after 37, 39, 43, 45

Insolvency, commissioners of, elected by the people of the several

counties 43

Instruction of representatives, 8

INDEX TO THE CONSTITUTION. 57

Page
Judges of courts may not hoi certain other offices, . . . . 30, 35
Judges of the supreme judicial court, to hold office during good
behavior, and to have honorable salaries established by-
standing laws, 9, 22, 25

to give opinions upon important questions of law, etc., when
required by the governor and council, or either branch of

legislature, 25

not to hold certain other offices, 30

Judicatories and courts, may be established by the general court, , 10

may administer oaths or affirmations, 11

Judicial department, not to exercise legislative or executive powers, 9

Judicial officers, appointed by the governor with consent of coun-
cil ; nominations to be made seven days prior to appoint

ment, .21

to hold office during good behavior, except when otherwise

provided by the constitution, 25

may be removed from office by the governor, upon the address

of both houses of the legislature, 25

Jury, trial by, right secured, 7

Justices of the peace, commissions to expire in seven years from

date of appointment, but may be renewed, ... 26

Law-martial, only those employed in the army and navy, and the
militia in actual service, subject to, except by authority

of the legislature, 9

Laws, every person to have remedy in, for injury to person or prop-
erty, 6

power of suspension or execution of, only in the legislature, 8

ex post facto, prohibited as unjust and inconsistent with free

government, 8

of province, colony and state, not repugnant to the constitu-
tion, continued in force, 31

Legislative power, 9

Legislative department, not to exercise executive or judicial powers, 9

Legislature (see General Court).

Liberty of the press, essential to the security of freedom, . . 7
Lieutenant-governor, to be annually elected in November, — title of.
His Honor; who shall be qualified in property and resi-
dence same as governor, 23, 36, 40, 41

in the absence of governor, to be president of the council, . 23
to be acting governor when the chair of the governor is

vacant 23

INDEX TO THE CONSTITUTION.

Lieutenant-governor, to take oath of office before president of the
senate in presence of both houses,

not to hold certain other offices,

terra of office,

Literature and the sciences to be encouraged,

Page

30
30
36
28

Magistrates and officers, accountable to the people, ....
Magistrates and courts, not to demand excessive bail, impose exces-
sive fines, or inflict cruel punishments, ....
Major-generals, elected by senate and house of representatives by

concurrent vote,

may appoint their aids,

Marriage, divorce and alimony,

Martial law, only those emploj^ed in the army and navy, and the
militia in actual service, subject to, except by authority

of legislature, .

Military power, subordinate to civil authority, ....
Militia, not to be obliged by commander-in-chief to march out of

the limits of the state,

captains and subalterns, elected by the train-bands,

all members of companies may vote, including minors, .

field officers, elected by captains and subalterns,

brigadiers, elected by field officers,

major-generals, elected by senate and house of representa

tives by concurrent vote,

mode of election of officers to be fixed by standing laws,
if electors refuse to elect, governor with advice of council

may appoint officers,

officers commissioned to command may be removed as may

be prescribed by law,

appointment of stafi" officers

organization ; divisions, brigades, regiments and companies
Money, issued from treasury by warrant of governor, etc.,

mentioned in the constitution, to be computed in silver at

six shillings and eightpence per ounce,

Money bills, to originate in house of representatives,

Moneys, raised or appropriated for public or common schools, not

to be applied for support of sectarian schools,
Moral obligations of lawgivers and magistrates,
Moral qualifications for office,

21
21
26

20
21, 34
34
21*
21

21
21

21, 34
21
21

31
17

Notaries public, to be appointed by governor with advice of council, 25, 34
may be removed by governor with advice of council, upon

address of both houses, 34

INDEX TO THE CONSTITUTION. 59
O.

Page
Oaths and affirmations, may be administered by courts and judica-
tories, 11

how and by whom talien and subscribed, . . 28, 29, 30, 34

forms of, 29, 30, 34, 35

Quakers may affirm, 30, 35

to be taken by all civil and military officers, .... 34

Objects of government, 3, 5

Offences and crimes, prosecutions for, regulated, . . . . G, 7

Office of trust, person convicted of bribery, etc., not to hold, . 31

Office, rotation in, right secured, G

all persons having the prescribed qualifications equally eli-
gible to, 6

no person eligible to, unless they can read and write, . . 43
Offices, plurality of, prohibited to governor, lieutenant-governor

and judges, 30,35

incompatible, 30, 31, 35

Officers, civil, legislature may provide for the naming and settling

of 11

Officers, commission, tenure of office to be expressed in com-
missions, ..... 25

Officers, judicial, to hold office during good behavior, except, etc., 25
may be removed by governor, with consent of council, upon

the addi'ess of both houses of the legislature, ... 25

Officers of former government, continued, 32

Officers of the militia, election and appointment of, . . . . 21

removal of, 21, 34

Officers and magistrates, accountable to the people, ... 5

Organization of the militia, 21

Pardon of offences, governor with advice of council may grant, but

not before conviction, 20

People, to have the sole right to govern themselves as a free, sover-
eign and independent state, 6

have a right to keep and to bear arms for the public defence, 7
have a right to assemble to consult upon the common good,
to instruct their representatives, and to petition legisla-
ture, 8

Person and property, remedy for injuries to, should be in the laws, 6

Petition, right of, 8

Plantations, unincorporated, tax-paying inhabitants may vote for

councillors and senators, 13

Plurality of offices, 30

of votes, election of civil officers by, 40

GO IN^DEX TO THE CONSTITUTION.

Page

Political year, begins on the first "Wednesday of January, . . 36

Polls, ratable, census of, 38

Preamble to constitution, 3

Press, liberty of, essential to the security of freedom, ... 7

Private property taken for public uses, compensation to be made for, 6

Probate courts, provisions for holding, 26

registers, elected by the people of the several counties, . 20, 43

judges may not hold certain other offlces, . *. . . 35

Pi'operty qualification, may be increased by the legislature, . . 31

partially abolished, 40

Prosecutious for crimes and ofi'euces regulated, .... 6
Provincial laws, not repugnant to the constitution, continued in

force, • . . 31

Public boards and certain officers to make quarterly reports to the

governor, 22

Public officers, right of people to secure rotation, .... 6

all persons having the prescribed qualifications equally eli-
gible, 6

Public notary (see Notary public).

Public religious worship, right and duty of, 4

Punishments, cruel and unusual, not to be inflicted, ... 9

Q-

Quakers, may make affirmation, 30,35

Qualification of persons to be elected to office may be increased by

the legislature, 31

Qualification, property, of governor and lieutenant-governor, . . 18, 23

Qualification, property, partially abolished, 40

Qualifications of a voter, 13, 16, 33, 42, 45, 46

of governor, 18, 42

of lieutenant-governor, 23, 42

of councillors, 40, 41

of senators, 15, 39, 45

of representatives, - . .16, 40, 44

of secretary, treasurer, auditor, and attorney-general, . . 42

Qualifications, moral, of officers and magistrates, .... 8

Quartermnsters, appointed by commanding officers of regiments, . 21

Quorum of council, to consist of five members, . . .19, 24, 41

of senate, to consist of sixteen members, . . • . 15, 45

of house of representatives, to consist of one hundred

members, 17, 44

Ratable polls, census of, . . - 37

Reading and writing, knowledge of, necessary qualifications for

voting or holding office, 43

INDEX TO THjE CONSTITUTION. 61

Page

Records of the commonwealth to be kept in the office of the seci'e-

tary, 25

and signed by members present, ..... 24
Registers of probate, chosen by the people of the several counties, 20, 43
Religious denominations, equal protection secured to all, . . 5, 37

Religious sect or denomination, no subordination of one to another

to be established by law, 5, 37

Religious societies, may elect their own pastors or religious teachers, 5, 37

membership of, defined, 37

Religious worship, public, right and duty of, and protection therein, 4

support of the ministry, and erection and repair of houses of

worship, 4, 5, 37

Remedies by recourse to the law, to be free, complete and prompt, 6

Representatives (see House of Representatives).
Resolves (see Bills and Resolves).

Returns of votes, 13,18,41,42

Revision of constitution provided for in the year 1795, ... 32
Rights, declaration of, 4

Sailors and soldiers, who have served, etc., during time of war, not

disqualified from voting on account of being paupers, . 46
Salary, a stated and honorable salary to be established for the gov-
ernor, 22

permanent and honorable salaries to be established for the
justices of the supreme judicial court, and to be enlarged

if not sufficient, 9,22

School moneys, not to be appropriated for sectarian schools, . . 42
Seal, great, of the commonwealth to be affixed to all commissions, 31

Search, seizure and arrest, right of, regulated, 7

Secretary of the commonwealth, to be chosen by the people annually

in November, 25, 42

to'hold office for one year from third Wednesday in January

next thereafter, and until another is chosen and qualified, 42

manner of election, etc., same as governor 42

in failure of election by voters, or in case of decease of person
elected, vacancy to be filled by joint ballot of legislature
from the two persons having the highest number of

votes at November election, 42

vacancy occurring during session of the legislature, filled by

joint ballot of the legislature from the people at large, . 42
vacancy occurring when legislature is not in session, to be filled
by governor, by appointment, with advice and consent of
council, 34, 42

62 INDEX TO THE CONSTITUTION.

Page
Secretary of the commonwealth, not eligible, unless an inhabitant
of the state for five years next preceding election or

appointment, 42

ofHce to be deemed vacant if person elected or appointed fails

to be qualified within ten days, ...... 42

records of commonwealth to be kept in office of, . . . 25
may appoint deputies, for whose conduct he shall be

accountable, 25

to attend governor and council, senate and house, in person or

by deputies, as they shall require, 25

to attest all commissions, 31

to certify to board authorized to divide county into districts,
the number of representatives to which the county is
entitled, .......... 44

Sectarian schools, not to be maintained at public expense, . . 42
Selectmen, to preside at town meetings, elections, etc., ... 13

Self-government, right of, asserted, 5

Senate, the first branch of the legislature, 10, 13

to consist of forty members, apportionment, etc., . . 12, 39, 45

to be chosen annually, 13

governor and at least five councillors, to examine and count

votes, and issue summonses to members, .... 14

to be final judges of elections, returns and qualifications of

their own members, ........ 14

vacancy to be filled by election, by people of the district, upon

order of majority of senators elected, . . . 14,45,46
qualifications of a senator, . . . . . . . 15, 40

not to adjourn more than two days at a time, .... 15

to choose its officers and establish rules, ..... 15

shall try all impeachments, 15, 17

sixteen members constitute a quorum, ..... 15
may punish for certain ofl'ences; trial may be by committee, 17
may require the attendance of the secretary of the common-
wealth in person or by deputy, 25

may require the opinions of the justices of the supreme
judicial court upon important questions of law, and upon
solemn occasions, ........ 25

to enter objections, made by governor to passage of a bill or

resolve, at large on records, 10

districts, forty in number, to be of adjacent tei'ritory, and to

contain, as near as may be, an equal number of voters, . 45

apportionment based upon legal voters, 45

Sheriff's, elected by the people of the several counties, . . .20, 43
Silver, value of money mentioned in the constitution to be computed

in silver at six shillings and eightpence per ounce, . 31

Soldier, not to be quartered in any house, in time of peace, without

consent of owner, 9

INDEX TO THE CONSTITUTION. 63

Page
Soldiers and sailors, who have served in time of war, etc., not dis-
qualified from voting on account of being paupers, . . 46
Solicitor-general, .......... 20

Standing armies, dangerous to liberty and not to be maintained with-
out consent of the legislature, ...... 7

State or body politic, entitled, — The Commonwealth of Massachu-
setts, 9

Supreme judicial court, judges to have honorable salaries fixed by

standing laws, and to hold office during good behavior, . 9, 22
to give opinions upon important questions of law, etc., when
required by either branch of the legislature or by the gov-
ernor and council, 25

not to hold certain other offices, 30, 35

Sureties or bail, excessive, not to be required 9

Taxation should be founded on consent, 6, 8

Taxes, not to be levied without the consent of the people or their

representatives, 8

may be imposed by the legislature, 11

valuation of estates, to be taken anew once at least every ten

years, 12

Tenure that all commission officers shall by law have in their offices,

shall be expressed in their commissions, .... 25

Tests abolished, 35

Title of body politic : The Commonwealth of Massachusetts, . 9

Title of governor to be, — His Excellency, 18

Title of lieutenant-governor to be, — His Honor, .... 23
Town clerk, to make record and return of elections, ... 13

Town meetings, selectmen to preside at, 13

Town representation in the legislature, 16, 38, 39

Travelling expenses of members, to general assembly and returning
home, once in every session, to be paid by the govern-
ment, 16

Treason and felony, no subject to be declared guilty of, by the

legislature, 8

Treasurer and receiver-general, to be chosen by the people annually

in November, 25, 42

to hold office for one year from third Wednesday in January
next thereafter and until another is chosen and quali-
fied, 42

manner of election, etc., same as governor, .... 42
not eligible, unless an inhabitant of the state for five years

next preceding election or appointment, .... 42
no man eligible more than five years successively, ... 25

64 INDEX TO THE CONSTITUTION.

Page

Treasurer and receiver-general, in failure of election by voters, or

in case of decease of person elected, vacancy to be filled

by joint ballot of legislature from the two persons having

the highest number of votes at November election, . 42

vacancy occurring during session of the legislature, filled by

joint ballot of the legislature from the people at large, . 42
vacancy occurring when legislature is not in session, to be
filled by governor, by appointment, with advice and con-
sent of the council, 34 42

otfice to be deemed vacant if person elected or appointed fails

to be qualified within ten days 42

Treasury, no moneys to be issued from, but upon the warrant of

governor, except, etc 22

Trial by jury, right to, secured, 6, 7

guaranteed in criminal cases, except in army and navy, . 7

University at Cambridge 26, 27, 28, 46

Vacancy in office of governor, powers to be exercised by lieutenant-
governor, 23

Vacancy in offices of governor and lieutenant-governor, powers to be

exercised by the council, ....... 24

Vacancy in the council, to be filled by the election of a resident of the
district by concurrent vote of the seuate ai3d house ; if
legislature is not in session, to be filled by governor with
advice of the council, 40, 46

Vacancy in the senate to be filled by election by the people upon the

order of a majority of senators elected, . . . . 14, 45

Vacancy in office of secretary, treasurer, auditor and attorney-gen-
eral, caused by decease of person elected, or failure to
elect, filled by joint ballot of legislature from the two
persons having highest number of votes at November

election, 42

occurring during session of legislature, filled by joint ballot of

legislature from people at large, 42

occurring when legislature is not in session, to be filled by

governor, by appointment, with advice of council, . 34, 42

Vacancy in militia office, filled by governor and council, if electors

neglect or refuse to make election, 21

Valuation of estates, to be taken anew once in every ten years at

least, 12

Veto power of the governor, 10

INDEX TO THE CONSTITUTION. 65

Pnge

Voters, qualifications of, at elections for governor, lieutenant-gover-
nor, senators and representatives, . . 13, 16, 33, 43, 45, 4G

not disqualified on account of being paupers if they have

served in the army or navy in time of war, etc., . . 4G

male citizens, twenty-one years of age, who have resided in
the state one year, and within the town or district six
months, who have paid a state or county tax within two
years next preceding the election of state oflicers, and
such as are exempted by law from taxation, but in other
respects qualified, and who can write their names and
read the constitution in the English language, . , 16, 33, 43

the basis upon which the apportionment of representatives

to the several counties is made, 43

basis of apportionment of senators, 45

census of voters to be taken in 1865, and every tenth year

after, 43, 44, 45

Votes, returns of, 13,18,41,42

plurality of, to elect civil ofilcers, 40

Worship, public, the right and duty of all men, , , . . 4

Writ of habeas corpus, to be enjoyed in the most free, easy, cheap
and expeditious manner, and not to be suspended by
legislature, except for a limited time, .... 32

Writs, to be issued in the name of the commonwealth under the seal
of the court, bear test of the first justice, and be signed
by the clerk, 31

Writing and reading, necessary qualifications for voting, or holding

office 43

Year, political, begins on the first Wednesday of January, . . 36

ACTS AND RESOLVES

MASSACHUSETTS.

1883.

ly The General Court of 1883 assembled on Wednesday, the
third day of January. The oaths of office required by the Consti-
tution to be administered to the Governor and Lieutenant-Governor
elect, were taken and subscribed by His Excellency Benjamin F.
Butler and His Honor Oliver Ames on Thursday, the fourth day
of January, in the presence of the two Houses assembled in conven-
tion.

ACTS AND RESOLVES.

An Act making appropriations for the maintenance of the (JJimj, \

GOVERNMENT FOR THE PRESENT YEAR. ^

Be it enacted hy the Senate and House of Representatives in
General Court assembled, and by the authority of the same, as
folloics :

Section 1. The sums hereinafter mentioned are ap- Appropriations.
propriated, to be paid out of the treasury of the Com-
monwealth, from the ordinary revenue, for the purposes
specified, to meet expenses for tlie year ending on the
thiity-tirst day of December, in the year eighteen hun-
dred and eighty-three, to wit: —

LEGISLATIVE DEPARTMENT.

For the salaries of the clerks of the senate and house of cierks of senate

1 T r> 1 1 T 1 11 1 and house.

representatives, two thousand live hundred dollars each.

For the salaries of the assistant clerks of the senate and Assistant clerks.
house of representatives, twelve hundred dollars each.

For the salary of the sergeant-at-arms, two thousand sergeant-at-
five hundred dollars.

For the salary of the engineer at the state house, one Engineer.
thousand four hundred dollars.

For the salary of the watchman at the state house, eight watchman.
hundred dollars.

For the salaries of the four messengers to the sergeant- Messengers.
at-arms, known as " sergeant-at-aims' messengers," eleven
hundred dollars each.

For the salaries of the fireman at the state house, and Firemen and
fireman and janitor at number thirty-three Pemberton
square, nine hundred dollars each.

For the salary of the assistant fireman at the state Assistant fire-
house, two dollars and one-half per diem for each day
employed.

334

1883. — Chapter 1.

Lieutenant-gov-
ernor and coun-
cil.

Private secre-
tary.

Executive clerk.

Messenger.

EXECUTIVE DEPARTMENT.

For the compensation of the lieuteuant-governor, two
thousand dollars, and for the executive council six thou-
sand four hundred dollars. For the travelling expenses
of said council, a sum not exceeding five hundred dollars.

For the salary of the private secretary of the governor,
one thousand five hundred dollars.

For the salary of the executive clerk of the governor
and council, one thousand two hundred dollars.

For the salary of the messenger of the governor and
council, eight hundred dollars.

Secretary.

First clerk.

Second clerk.

Third clerk.

Messenger and
clerks.

SECRETARY S DEPARTMENT.

For the salary of the secretary of the Commonwealth,
two thousand five hundred dollars.

For the salary of the first clerk in the secretary's depart-
ment, one thousand eight hundred dollars.

For the salary of the second clerk in the secretary's
department, one thousand five hundred dollars.

For the salary of the third clerk in the secretary's
department, one thousand two hundred dollars.

For a messenger, and such additional clerical assistance
as the secretary may find necessary, a sum not exceeding
ten thousand dollars.

First clerk.

Second clerk.

Cashier.

Extra clerks.

treasurer's DEPARTMENT.

For the salary of the treasurer and receiver-general,
four thousand dollars.

For the salary of the first clerk in the treasurer's de-
partment, two thousand three hundred dollars.

For the salary of the second clerk in the treasurer's de-
partment, one thousand eight hundred dollars.

For the salary of the cashier in the treasurer's depart-
ment, one thousand eight hundred dollars.

For the salaries of the three extra cleiks in the treas-
urer's department, one thousand two hundred dollars each ;
and for such additional clerical assistance as the treasurer
may need, a sum not exceeding three hundred dolhars.

Deputy tax
commissioner.

TAX commissioner's BUREAU.

For the salary of the deputy tax commissioner,
thousand seven hundred and fifty dollars.

two

1883. — Chapter 1. 335

For the salary of the iirst clerk of the tax commls- First ciork.
sioner, one thousand eight hundred dollars.

For the salary of the second clerk of the tax commis- second cierk.
siouer, one thousand three hundred dollars.

For such additional clerical assistance as the tax com- Additional
missioner and commissioner of corporations may find nec-
essary, a sum uot exceeding twelve thousand dollars.

auditor's department.

For the salary of the auditor of accounts, two thousand Auditor.
five hundred dollars.

For the salary of the first clerk in the auditor's depart- First cierk.
ment, one thousand eight hundred dollars.

For the salary of the second clerk in the auditor's de- second cierk.
partment, one thousand five hundred dollars.

For the salaries of the two extra clerks in the auditor's Extra clerks.
department, one thousand two hundred dollars each ; and
for such additional clerical assistance as the auditor may
find necessary, a sum not exceeding five hundred dollars.

attorney-general's department.

For the salary of the attorney-general, four thousand ^Vai""^"^^^^"'
dollars.

For the salary of the assistant attorney-general, two Assistant attor-

thoUSand dollars. ney.general.

COMMISSIONERS ET AL.

For the salaries of the commissioners on savings banks, commissioners
five thousand six hundred dollars. banks.

For the salary of the first clerk of the commissioners cierks.
on savings banks, one thousand three hundred dollars;
for the salary of the extra clerk of said commissioners,
seven hundred dollars.

For the salary of the insurance commissioner, three insurance com-

.1 1 1 11 missioner.

thousand dollars.

For the salary of the deputy insurance commissioner, Dep"ty.
two thousand five hundred dollars.

For the salary of the first clerk of the insurance com- First cierk.
missioner, one thousand eight hundred dollars.

For the salary of the second clerk of the insurance Second cierk.
commissioner, one thousand five hundred dollars.

For the salary of one extra clerk of the insurance com- Extra cierk.
missioner, one thousand dollars.

336

1883. — Chapter 1.

Additional
clerks.

Inspectors of
gas meters.

Secretary of
commissioners
of prisons.

Clerk.

Railroad com-
missiouers.

Clerk.

Assayer and in-
spector of liq-
uor.

Bureau of sta-
tistics of labor.

First clerk.

Additional
clerks, etc.

Commissioners
on «tate aid.

Harbor and lind
commissioners.

Engineer and
experts.

Expenses.

Rent and inci-
dental expenses.

Commissioners
on inland tish-
eries.

For such additional clerical assistance as the insurance
commissioner may find necessary for the despatch of pub-
lic business, a sum not exceeding seven thousand dollars.

For the salary of the inspector of gas meters, two thou-
sand dollars ; and for the salary of the assistant inspector
of gas meters, one thousand two hundred dolhivs.

For the salary of the secretary of the commissioners of
prisons, two thousand dollars.

For the salary of the clerk of the commissioners of
prisons, seven hundred dollars.

For the salaries of the railroad commissioners, eleven
thousand dollars.

For the salary of the clerk of the railroad commissioners,
two thousand dollars.

For the salary of the accountant of the railroad com-
missioners, two thousand dollars.

For the salary of the assayer and inspector of liquor,
five hundred dollars.

For the salary of the chief of the bureau of statistics
of labor, two thousand five hundred dollars.

For the salary of the first clerk in the bureau of sta-
tistics of labor, one thousand five hundred dollars.

For such additional clerical assistance, and for the nec-
essary expenses of the bureau of statistics of labor, a
sura not exceeding five thousand dollars.

For the salary and expenses of the commissioners on
state aid, a sum not exceeding four thousand dollars.

For the salaries of the harbor and land commissioners,
five thousand five hundred dollars.

For the salary of the engineer, and for services of ex-
perts authorized by the harbor and land commissioners, a
sum not exceeding thirty-three hundred dollars.

For travel and other necessary expenses of the harbor
and land commissioners, a sum not exceeding one thou-
sand dollars.

For rent, incidental and contingent expenses of the har-
bor and land commissioners, a sum not exceeding two
thousand two hundred dollars.

For compensation and expenses of the commissioners
on inland fisheries, a sum not exceeding five thousand six
hundred dollars.

Secretary.

AGRICULTURAL DEPARTMENT.

For the salary of the secretary of the board of agricul-
ture, two thousand dollars.

1883. — Chapter 1.

337

For the salary of the clerk of the secretary of the board ^''^'■^•
of agriculture, one thousand one hundred dollars.

For other clerical assistance in the ofSce of the secre- Lectures and
tary of the board pf agriculture, and for lectures before cieVks?"^
the board, a sura not exceeding four hundred dollars.

EDUCATIONAL DEPARTMENT.

For the salary and expenses of the secretary of the secretary of
board of education, two thousand nine hundred dollars, tion.
to be paid out of the moiety of the income of the Massa-
chusetts school fund applicable to educational purposes.

For the salary of the assistant librarian and clerk of the
board of education, two thousand dollars.

For such additional clerical assistance in the state
library as may be found necessary, a sum not exceeding
two thousand dollars.

AssiBtant libra,
riaii.

Additional cler-
ical atjsistance.

MILITARY DEPARTMENT.

For the salary of the adjutant-general, two thousand Adjutantgen-
five hundred dollars.

For the salary of the first clerk in the adjutant-gener-
al's department, one thousand eight hundred dollars.

For the salary of the second clerk in the adjutant-gen-
eral's department, one thousand six hundred dollars.

For the salary of an additional clerk in the adjutant-
general's depnrtment, one thousand six hundred dollars.

For the salaries of two extra clerks in the adjutant-gen-
eral's department, one thousand two hundred dollars each.

For the salary of the messenger in the adjutant-gener- Messenger.
al's department, eight hundred dollars.

For such additional clerical assistance as the adjutant- Additional
general may find necessary, and for compensation of em-
ployees at the state arsenal, a sum not exceeding five
thousand five hundred dollars.

For the salary of the surgeon-general, one thousand surgeon-gen-
two hundred dollars.

First clerk.

Second clerk.

Additional
clerk.

Extra clerks.

eral.

MISCELLANEOUS.

For the purchase of books for the state library, three Book? for
thousand three hundred dollars. library.

Section 2. This act shall take effect upon its passage.

Approved January 29, 1S83.

338

1883. — Chapters 2, 3.

Chap. 2

Appropriations.

Senators, com-
pensation.

Representa-
tives, compensa-
tion.

Senators, mile-
age.

Representa-
tives, mileage.

Preacher of
election sermon.

Chaplains.

Doorkeepers,
messengers and
pages.

Witnesses be-
fore committees.

Contingent
expenses.

Expenses of
committees.

exceeding

An Act making appropriations for the mileage and com-
pensation OF the members of the legislature, for the
compensation of officers thereof, and for other pur-
poses.

Be it enacted^ etc., as folloios:

Section 1. The sums hereinafter mentioned are ap-
propriated, to be paid out of the treasury of the Com-
monwealth, from the ordinary revenue, for the purposes
specified, to wit ; —

For compensation of senators, twenty thousand five
hundred dollars.

For compensation of representatives, one hundred and
twenty thousand five hundred dollars.

For mileage of senators, a sum not exceeding four hun-
dred and fifty dollars.

For mileage of representatives, a sum not
two thousand five hundred dollars.

For compensation of the preacher of the election ser-
mon, fifty dollars.

For compensation of the chaplains of the senate and
house of representatives, three hundred dollars each.

For compensation of the door-keepers, messengers, and
pages of the senate and house of representatives, a sum
not exceeding ten thousand dollars.

For expenses of summoning witnesses before commit-
tees, and for fees for such witnesses, a sum not exceeding
two hundred dollars.

For contingent expenses of the senate and house of rep-
resentatives, and necessary expenses in and about the
state house, a sum not exceeding five thousand dollars.

For authorized expenses of committees of the present
legislature, including clerical assistance to committees au-
thorized to employ the same, a sum not exceeding five
thousand dollars.

Section 2. This act shall take efiect upon its passage.

Approved January 29, 1883.

Chap. 3

Appropriations.

An Act in addition to " an act making appropriations for the
maintenance of the government during the present year "

Be it enacted, etc., as foUoivs :

Section 1. The sums hereinafter mentioned are ap-
propriated, to be paid out of the treasury of the Common-
wealth, from the ordinary revenue, for the purposes spec-
ified, to meet expenses for the year ending December

1883. — Chapter 3.

339

thirty-first, in the year eighteen hundred and eighty-three ;
to wit : —

SUPREME JCDICIAL COURT.

For the salary of the clerk of the supreme judicial court, s. j. c. cierk.
three thousand dollars.

For the salary of the reporter of decisions of the Reporter.
supreme judicial court, three hundred dollars.

For expenses of the supreme judicial court, a sum not Expenses.
exceeding two thousand dollars.

For the salaries of the officers and messenger in attend-
ance upon the supreme judicial court, sixteen hundred
dollars.

SUPERIOR COURT.

For the salary of the chief justice of the superior court, cwefjusti
five thousand three hundred dollars.

For the salaries of the ten associate justices of the supe
rior court, fifty thousand dollars.

Officers and
messengers.

Associate us-
tices.

COURTS OF PROBATE AND INSOLVENCY.

For the salary of the judge of probate and insolvency
for the county of Suffolk, four thousand dollars.

For the salary of the judge of probate and insolvency
for the county of Middlesex, three thousand dollars.

For the salary of the judge of probate and insolvency
for the county of Worcester, twenty-five hundred dollars.

For the salary of the. judge of probate and insolvency
for the county of Essex, twenty-five hundred dollars.

For the salary of the judge of probate and insolvency
for the county of Norfolk, two thousand dollars.

For the salary of the judge of probate and insolvency
for the county of Bristol, eighteen hundred dollars.

For the salary of the judge of probate and insolvency
for the county of Plymouth, fifteen hundred dollars.

Fo.r the salary of the judge of probate and insolvency
for the county of Berkshire, twelve hundred dollars.

For the salary of the judge of probate and insolvency
for the county of Hampden, two thousand dollars.

For the salary of the judge of probate and insolvency
for the county of Hampshire, fourteen hundred dollars.

For the salary of the judge of probate and insolvency
for the county of Franklin, fourteen hundred dollars.

Judge —
Suffolk.

Middlesex.

Worcester.

Essex.

Norfolk.

Bristol.

Plymouth.

Berkshire.

Hampden.

Hampshire.

Franklin.

340

1883. — Chapter 3.

Bainstable.
Nantucket.
Dukes Countv.

Worcester.

Essex.

Norfolk.

Bristol.

Plymouth.

Hampden.

Berkshire.

Hampshire.

Franklin.

Barnstable.
Nantucket.
Dukes County.

Assistant
register —
Suffolk.

Middlesex.

Worcester.

Essex.

For the salary of the judge of probate and insolvency
for the county of Barnstable, one thousand dollars.

For the salary of the judge of probate and insolvency
for the county of Nantucket, five hundred dollars.

For the salary of the judge of pro])ate and insolvency
for the county of Dukes county, five hundred dollars.

For the salary of the register of probate and insolvency
for the county of Suffolk, three thousand dollars.

For the salary of the register of probate and insolvency
for the county of Middlesex, two thousand dollars.

For the salary of the register of probate and insolvency
for the county of Worcester, two thousand dollars.

For the salary of the register of probate and insolvency
for the county of Essex, two thousand dollars.

For the salary of the register of probate and insolvency
for the count}^ of Norfolk, fifteen hundred dollars.

For the salary of the register of probate and insolvency
for the county of Bristol, eighteen hundred dollars.

For the salary of the register of probate and insolvency
for the county of Plymouth, fifteen hundred dollars.

For the salary of the register of probate and insolvency
for the county of Hampden, sixteen hundred dollars.

For the salary of the register of probate and insolvency
for the county of Berkshire, twelve hundred dollars.

For the salary of the register of probate and insolvency
for the county of Hampshire, fourteen hundred dollars.

For the salary of the register of probate and insolvency
for the county of Franklin, fourteen hundred dollars.

For the salary of the register of probate and insolvency
for the county of Barnstable, one thousand dollars.

For the salary of the register of probate and insolvency
for the county of Nantucket, six hundred dollars.

For the salary of the register of probate and insolvency
for the county of Dukes county, six hundred dollars.

For the salary of the assistant register of probate and
insolvency for the county of Suffolk, two thousand dollars.

For the salary of the assistant register of probate and
insolvency for the county of Middlesex, fifteen hundred
dollars.

For the salary of the assistant register of probate and
insolvency for the county of Worcester, fifteen hundred
dollars.

For the salary of the assistant register of probate and

1883. — Chapter 4.

341

insol\^ency for the county of Essex, fifteen hundred
dollars.

For the salary of the assistaut register of prol)ate aud Norfolk.
insolvency for the county of Norfolk, eleven hundred
dollars.

For the salary of the clerk for the register of probate cierk in Suffolk.
and insolvency for the county of Suffolk, twelve hundred
dollars.

For extra clerical assistance to the courts of probate and Extra clerks.
insolvency in the several counties of the Commonwealth,
a sum not exceeding seven thousand two hundred dollars.

For expenses of the courts of probate and insolvency. Expenses.
a sum not exceedins: two thousand dollars.

DISTRICT ATTORNEYS.

For the salary of the district attorney for Suffolk dis-
trict, four thousand five hundred dollars.

For the salaries of the first and second assistant district
attorneys for Suffolk district, twenty-five hundred dollars
each.

For the salary of the clerk for the district attorney for
the Suffolk district, one thousand dollars.

For the salary of the district attorney for the northern
district, twenty-four hundred dollars.

For the salary of the district attorney for the eastern
district, twenty-four hundred dollars.

For the salary of the district attorney for the south-
eastern district, eighteen hundred dollars.

For the salary of the district attorney for the southern
district, eighteen hundred dollars.

For the salary of the district attorney for the middle
district, eighteen hundred dollars.

For the salary of the district attorney for the western
district, eighteen hundred dollars.

For the salary of the district attorney for the north-
western district, thirteen hundred and fifty dollars.

Section 2. This act shall take effect upon its passage.

Approved January 29, 18S3.

An Act to amend an act to revise the charter of the city

of newton.

Be it enacted etc. , as foUotvs :

Section 1. Section nine of chapter two hundred and <^''^^'''^^,
ten of the acts of the year one thousand eight hundred and

District-
attorney —
Sutfolk.

Assistant dis-
trict.attorneys.

Clerk.

District-
attornej' —
Northern
district.
Eastern district.

Soutt-eastern
district.

Southern
district.

Middle district.

Western
district.

North-western
district.

Chap. 4

342

1883. — Chapters 5, 6, 7.

Chap. 5

Town of Med-
ford may lay
water pipes in
Somerville, sup.
ply water, etc.

Proviso.

eighty-two, defining certain powers of the mayor and
aldermen of the city of Newton, is amended by striking
out the words "the preceding" in the last line, and by
adding the word "seven" after the word "section" in
the same line.

Section 2. The act shall take effect upon its passage.

Aioproved February 5, 1883.

An Act authorizing the town of medford to lay water pipes
IN boston avenue.

Be it enacted^ etc., as folloivs :

Sectiox 1. The town of Medford may lay its water
pipes in Boston Avenue in the city of Somerville, and
may supply w^ater in that portion of said Somerville which
lies north of a line two hundred feet distant southerly
from the south line of Boston Avenue, and parallel there-
w'ith, on the same terms and with the same rights as it
may lay pipes and supply water within the limits of said
town of Medford : provided, Jioicever, that said town shall
at its own expense erect and maintain a hydrant at some
suitable point upon the line of said avenue in said city of
Somerville, from which said city shall have a right to
take, free of expense, W'hatever water it may require for
the extinguishment of fires or the w^atering of streets.

Section 2. This act shall take eifect upon its passage.

Approved February 9, 1883.

Chap. 6

Action legal-
ized, regarding
payment of a
bounty.

An Act legalizing the action of the toavn of holliston
regarding the payment of a bounty to peter mcmanamy.

Be it enacted, etc., as follows :

Section 1. The action of the town of Holliston au-
thorizing the payment of a bounty to Peter McManamy,
taken at a town meeting held March sixth eighteen hun-
dred and eighty-two is confirmed and made valid ; pro-
vided, that the said town shall not be re-imbursed by the
Commonwealth for any money paid under the authority
of this act.

Section 2. This act shall take effect upon its passage.

Approved February 10, 1883.

Chav. 7 "^^ ^^^ concerning the bonds of railroad corporations.

Be it enacted, etc., as folloivs:

Bonds and notes Section 1. No bond or uotc heretofore issucd by any

approvri'nirto I'ailroad corporation within this state for any lawful pur-
be invalid.

1883. — Chapter 8.

343

pose, shall be invalid by reason of not having been ap-
proved and certified by some person appointed by the
corporation for that purpose, as provided in section sixty-
two of chapter one hundred and twelve of the Public
Statutes, or in section forty-nine of chapter three hun-
dred and seventy-two of the acts of the year eighteen
hundred and seventy-four, and the acts amending the
same.

Section 2. Any railroad corporation that has hereto- ^°„"!^/^ "t^ ''Pq
fore issued any such bonds or notes without such approval be ratified with-

1 • n 1 1 ■^^ • c i /^ i'"^ iiinetv days.

and certihcate, shall ratiiy, approve and conhrm sucn
bonds or notes within ninety days from the passage of
this act, either at the annual meeting of the stockholders,
or at a special meeting called for the purpose.

Section 3. This act shall take effect upon its passage.

Approved February 12, 1883.

An Act to revive " an act to incorporate the newton mills," (J]iaj). 8

AND TO confirm TUE DOINGS OF SAID CORPORATION. -^ '

Be it enacted, etc., as folloivs:

Section 1. Chapter three hundred and ninety-eight charter revived
of the acts of the year eighteen hundred and fifty-three,
entitled "An Act to incorporate the Newton Mills," is
revived and continued in force ; and the corporation here-
tofore known as the Newton Mills, and carrying on busi-
ness in the city of Newton, is revived and continued in
force with all the powers and privileges, and subject to
all the duties, restrictions and liabilities, set forth in said
act and in all general laws which now are or hereafter
may be in force applicable to manufacturing corporations.

Section 2. The organization of the Newton Mills,
and all acts done thereunder or under that name, and all
acts and doings depending thereon, which would have
been legal and valid if the charter of said Newton Mills
had been in existence, are ratified, confirmed and made
valid, as if said corporation had not been dissolved by
chapter three hundred and twenty-seven of the acts of
the year eighteen hundred and seventy-three.

Section 3. This act shall take eflect upon its passage.

Approved February 13, 1883.

Organization
and acts done
thereunder, rat-
ified.

344

1883. — Chapter 9.

Chajp. 9

Appropriations.

Normal schools.

Normal art
school.

Agents, salaries
and expenses.

Incidental
expenses.

Teachers' insti-
tutes.

County teach-
ers' associa-
tions.

Dukes county
association.

Pupils in nor-
mal schools.

Travelling
expenses.

Mass. teachers'
association.

An Act making appropriations for certain educational ex-
penses.
Be it enacted^ etc., asfulloics :

Section 1. The 8um6 hereinafter mentioned are ap-
propriated to be paid out of the treasnr}' of the Com-
monwealth, from the ordinary revenue, unless otherwise
ordered, for the purposes specified, to wit : —

For support of normal schools, a sum not exceeding
sixty-one thousand three hundred and one dollars, to be
paid out of the moiety of the income of the school fund
applicable to educational purposes.

For support of the state normal art school, including
rent, taxes, etc, a sum not exceeding fifteen thousand
nine hundred and seventy-five dollars, to be paid from
the unappropriated balance of the moiety of the income
of the school fund applicable to educational purposes,
and the excess, if any, from the treasury.

For salaries and expenses of the agents of the board of
education, a sum not exceeding eighty-one hundred dol-
lars.

For incidental expenses of the board of education, and
for the secretary thereof, a sum not exceeding twelve hun-
dred dollars.

For teachers' institutes, a sum not exceeding two thou-
sand dollars, to be paid out of the moiety of the income
of the school fund applicable to educational purposes.

For county teachers' associations, a sum not exceeding
three hundred dollars, to be paid out of the moiety of
the income of the school fund applicable to educational
purposes.

For Dukes county teachers' association, the sum of
fifty dollars.

For aid to pupils in state normal schools, a sum not
exceeding four thousand dollars, payable in semi-annual
payments, to be expended under the direction of the
board of education.

For travelling and other necessary expenses of the
board of education, a sum not exceeding four hundred
dollars.

For the Massachusetts teachers' association, the sum of
three hundred dollars, to be paid out of the moiety of
the income of the school fund applicable to educational
purposes, subject to the approval of the board of educa-
tion .

1883.— Chapters 10, 11.

345

Income of
funds.

May increase
capital stock.

For the Perkins institution and the ]\Iassachusetts school ^i';^^"' f^'"''^^
for tlie blind, the sum of thirty thousand dollars.

For contingent expenses of the state library, to be ex- state library.
pended under the direction of the trustees and librarian,
a sum not exceeding eight hundred dollars.

For support of Massachusetts beneficiaries in asylums Doaf and dumb.
for the deaf and dumb, and in other institutions of the
same character, a sum not exceeding forty thousand dol-
lars.

The income of the Rogers book fund, of the Todd nor-
mal school fund, and of the two technical educational
funds, shall be expended in accordance with the provis-
ions of the various acts relating thereto.

Section 2. This act shall take efiect upon its passage.

[The foregoing was laid before the Governor on the ninth day
of February^ 1883, and after five days it had the '■'force of a
law" as prescribed by the Constitution, as it was not returned by
him with his objections loithin that time.'\

An Act to authorize the boston and Colorado smelting (Jhcip. 10

COMPANY to increase ITS CAPITAL STOCK.

Be it enacted, etc., as follows :

Secteon 1. The Boston and Colorado Smelting Com-
pany, a corporation established under the general laws of
this Commonwealth, is authorized to increase its capital
stock to an amount not exceeding two million dollars.

Section 2. This act shall take effect upon its passage.

Approved February 15, 1883.

An Act enabling the boston produce exchange to assist the CllCip. 11

WIDOWS, ORPHANS, OK OTHER RELATIVES OF, OR ANY PERSONS DE-
PENDENT UPON, ITS DECEASED MEMBERS.

Be it enacted, etc., as follows :

Section 1. Chapter fifteen of the acts of the year May assist wid-
eighteen hundred and seventy-seven, entitled " An Act to etr.'oTdecTas'ed
incorporate the Boston Produce Exchange," is amended n^embers.
by inserting after the word " vicinity," in the sixth line of
the first section, the words " and of assisting the widows,
orphans, or other relatives of deceased members, or any
persons dependent upon deceased members, in such man-
ner as said corporation may by its by-laws prescribe."

Section 2. The provisions of sections ten and eleven Returns to in-
of chapter one hundred and fifteen of the Public Statutes
shall apply to said corporation.

Section 3. This act shall take efiect upon its passage,
ft Approved February 15, 1883.

Buraiice com-
missioner.

346

1883. — Chapters 12, 13, U, 15.

Jiaj).

May hold addi-
tional real and
personal estate.

\2 An Act enabling the spencer wateu company to hold ad-
ditional REAL AND PERSONAL ESTATE.

Be it enacted, etc., asfolloivs:

Section 1. Section five of chapter one hundred and
nineteen of the acts of the j^ear eighteen lumdred and
eighty-two is amended so as to read as follows: — The
Spencer Water Company, for the purposes set forth in this
act, may hold real and personal estate not exceeding in
value the amount of its capital stock ; and its whole capi-
tal stock shall not exceed two hundred thousand dollars,
to be divided into shares of one hundred dollars each.

Section 2. This act shall take effect upon its passage.

Approved February 15, 1883.

OllClT). 13 ^^ "^^^ ENABLING THE ROXBURY HOME FOR CHILDREN AND AGED
^ ' WOMEN TO HOLD ADDITIONAL REAL AND PERSONAL ESTATE.

Be it enacted, etc. , as follows :
May hold addi- Section 1 . Scctiou two of chapter two hundred and
pewonaT estate, foi'ty of the acts of thc year eighteen hundred and fifty-
six, entitled " An Act to incorporate the Children's Home
and Home for Aged Females in Roxbury," is repealed,
and the following is substituted in place thereof: " Said
corporation may take and hold real estate not exceeding
the value of seventy-five thousand dollars, and personal
estate not exceeding the value of seventy-five thousand
dollars, for the aforesaid charitable purposes."

Section 2. This act shall take effect upon its passage.

Approved February 15, 1883.

OTian 14 ^"^ ^'^^ relative to the pensioning of members of the

1 ' POLICE department OF THE CITY OF BOSTON.

Be it enacted, etc., as folloios:
Disabled lieu- Scction fivB of chapter two hundred and forty-four of

may"be ?edr°e'(r the acts of the year eighteen hundred and seventy-eight
with pensious. relative to the pensioning of members of the police de-
partment of the city of Boston, is amended by inserting
after the Avord " captain" in the fourth line thereof, the
word " lieutenant." Approved February 15, 1883.

CI tap. 15

May hold addi-
tional real and
personal estate.

An Act authorizing the pilgrim society to hold additional
real and personal estate.

Be it enacted, etc., as folloios:

The Pilgrim Society, incorporated bj' an act approved

January twenty-fourth, eighteen hundred and twenty, is

1883. — Chapters 16, 17, 18.

347

authorized to acquire antl hold real and personal estate in
Plymouth not exceeding the amount of three hundred thou-
sand dollars for the purposes set forth in their charter, and
for the creation and preservation of memorials of the Pilgrim
Fathers : provided, that if any portion of such estate is
leased for business purposes, it shall not be exempt from
taxation. Approved February 20, 1883.

OF MARLBOROUGH TO ISSUE (J]iap. 16
OR SCRIP, AND FOR OTHER ^

An Act to authorize the town
additional water bonds, notes
purposes.

Be it enacted, etc., asfolloios:

Section 1. The town of Marlborough, in addition to ^j'lfj'^"^^'^'^'^'"
the amount of notes, bonds or scrip authorized by chapter bonds.
one hundred and ninety-one of the acts" of the year eigh-
teen hundred and eighty, may issue a further amount
thereof, not exceeding the sum of seventy-five thousand
dollars, in accordance with the provisions of the act herein
referred to and for the purposes named therein.

Section 2. Section six of said chapter one hundred ^^^"?™^"i'°

■t • . Ill -I'l 1 • losu, lyi, 5 D.

and nniety-one is amended by striking out the w^ords, " in

April."

Section 3. This act shall take effect upon its passage.

Approved February 20, 1883.

An Act to authorize the city of lynn to supply the town QJiaj). 17
OF swampscott with water for fire purposes. ' ^ '

Be it enacted, etc., asfoUoivs:

Section 1. The city of Lynn is authorized to furnish i^y°2 '^^y ^"P;

'' . "^ ply Swampscott

the town of Swampscott with a supplv of water for the wuh water for

. . . , > /. r« 11.. fjj.g purposes.

extinguishment ot nres.

Section 2. Tlxis act shall take efi'ect upon its passage.

Ajyproved February 21, 1883.

An Act authorizing the Norwich and Worcester railroad

COMPANY TO purchase AND HOLD STOCK IN ANY INCORPO-
RATED COMPANY RUNNING STEAMBOATS IN CONNECTION WITH ITS
RAILROAD TO NEW YORK CITY.

Be it enacted, etc., as follows:

Section 1. The Norwich and Worcester Railroad
Company, incorporated under chapter two hundred and
four of the acts of the year eighteen hundred and thirty-
six, may purchase or subscribe for and hold shares, to an
amount not exceeding fifteen per cent, of its own author-
ized capital stock, in the capital stock of any incorpo-
rated company running steamboats in connection with its

Chap. 18

May take stock
in any incorpo-
rated companj'
running steam-
boats in connec-
tion with its
road to New
York City.

348

1883. — Chapters 19, 20, 21.

railroad to the city of New York : provided, said railroad
company at any legal meeting of its stc/ckholders called
for that purpose shall elect to do so by the vote of a ma-
jority of all the stock of said. railroad.

Section 2. This act shall take eifect upon its passage.

Approved February 21, 1883.

Chcip. 19 An Act to change the name of " the congregational pub-
lishing SOCIETY OF BOSTON."

Be it enacted, etc,, as follows:
Name changed. SectionI. The iiamc of " The Congregational Pub-
lishing Society of Boston," originalh^ incorporated under
chapter twenty-nine of the acts of the year eighteen hun-
dred and forty-one, is changed to that of " The Congre-
gational Sunday School and Publishing Society."

Section 2. This act shall take effect upon its pas.?age.

Approved February 21, 1883.

Chap. 20 An Act in addition to an act to authorize the society for

THE RELIEF OF WIDOWS AND ORPHANS OF DECEASED CLERGYMEN
OF THE PROTESTENT EPISCOPAL CHURCH TO HOLD ADDITIONAL
REAL AND PERSONAL ESTATE.

Be it enacted, etc., as folloios:

Section 1. The Society for the Relief of the Widows
and Orphans of Deceased Clergymen of the Protestant
Episcopal Church, incorporated under chapter twenty-
one of the acts of the year eighteen hundred and forty-
one, is authorized to hold real and personal estate to the
amount of two hundred thousand dollars.

Section 2. This act shall take eifect upon its passage.

Approved February 21, 1883.

May hold addi-
tional real and
personal estate,

Chap. 21

May sell supply
of water to any
city or town in
the Common,
■wealth.

Repeal.

An Act relating to the lynn aqueduct company.
Be it enacted, etc., as follows:

Section 1. The Lynn Aqueduct Company, incorpo-
rated under chapter one hundred and thirt3-two of the acts
of the year eighteen hundred and sixty-five, is authorized
in addition to the rights and powers heretofore granted to
it to sell to the town of Nahant or to any other town or
city in the Commonwealth a supply of fresh water.

Section 2. Section seven of chapter one hundred and
thirty-two of the acts of the year eighteen hundred and
sixty-five is repealed. Approved February 21, 1883.

1883. — Chapter 22. 349

An Act making appropriations for sundry charitable QJiaip. 22

EXPENSES.

He it enacted, etc., asfoUoivs:

Section 1. The sums hereinafter mentioned are appro- Appropriations.
priated, to be paid out of the treasury of the Common-
wealth, from the ordinary revenue, for the purposes spec-
ified herein, to wit : —

STATE BOARD OF HEALTH, LUNACY AND CHARITY.

For travelling and other necessary expenses of the Expenses of
board of health, lunacy and charity, twelve hundred dollars.

board.

DEPARTMENT OF HEALTH.

For salary of the health officer in the department of Health officer.
health, twenty-five hundred dollars.

For such clerical assistance as the health officer may clerical assist-

^nc6a

deem necessary in the department of health, a sum not
exceeding one thousand dollars.

For general work of the department of health, including fg^^nmen't^of
chemical analyses, sanitary investigations and reports, and health.
travelling expenses for inspections, a sum not exceeding
twenty-five hundred dollars.

INSPECTOR OF CHARITIES.

For salary of the inspector of charities, twenty-five inspector,
hundred dollars.

For such clerical assistance as the inspector of charities clerical assist-
may deem necessary, a sum not exceeding forty-five hun-
dred dollars.

For incidental and contingent expenses in the depart- incidental and
ment of the inspector of charities, including expenses in- expenfe^s!
curred in visiting and inspecting public institutions, a sum
not exceeding one thousand dollars.

SUPERINTENDENT OF IN-DOOR POOR.

For salary of the superintendent of in-door poor, twenty- superintendent

^,T*<iT„*- -^ V of in-door poor.

five hundred dollars.

For salary of the assistant superintendent of in-door Assistant

^^, , 11111 superintendent.

poor, niteen hundred dollars.

For salary of the assistant in the bureau of vi'sita- Bureau of

tion, fifteen hundred dollars. visitation.

For such additional clerical assistance, including services clerical assist-

350

1883. — Chaptee 22.

Travelling and

contingent

expenses.

of visitors, as the superiutenclent of in-door poor, with the
approval of the board of health, lunacy and charity, may
deem necessary, a sum not exceeding twelve thousand five
hundred dollars.

For travelling, incidental and contingent expenses of
the superintendent of in-door poor, a sum not exceeding
six thousand dollars.

Superintendent
of outdoor
poor.

Clerk.

Additional cler-
ical assistance.

Incidental and

contingent

expenses.

SUPERINTENDENT OF OUT-DOOR POOR.

For salary of the superintendent of out-door poor,
twenty-tive hundred dollars.

For salary of the clerk of the superintendent of out-
door poor, fifteen hundred dollars.

For such other clerical assistance, including visitors, as
the superintendent of out-door poor, with the approval of
the board of health, lunacy and charity, may deem neces-
sary, a sum not exceeding ten thousand two hundred dol-
lars.

For travelling, incidental and contingent expenses of
the superintendent of out-door poor, a sum not exceeding
twenty-eight hundred dollars.

State paupers in
lunatic hospi-
tals.

Transportation
to almshouse.

Transportation
of state pau-
pers.

Indigent and
neglected chil-
dren.

Cases of settle-
ment and bas-
tardy.

Infant asylum.

Support of state
paupers by
cities and
towns.

MISCELLANEOUS CHARITABLE.

For support and relief of state paupers in the lunatic
hospitals and asylums of the Commonwealth, a sum not
exceeding one hundred and eighteen thousand dollars.

For transportation of state paupers to the state alms-
house, six hundred dollars.

For transportation of state paupers, a sum not exceed-
ing twelve thousand dollars.

For care and maintenance of indigent and neglected
children, a sura not exceeding five thousand dollars.

For expenses attending the management of cases of
settlement and bastardy, a sum not exceeding two thou-
sand dollars.

For re-imbursement of the Massachusetts infant asy-
lum for the support of infants having no known settle-
ment in the Commonwealth, a sum not exceeding thirteen
thousand dollars.

For support of state paupers by cities and towns, a
sum not exceeding twenty-seven thousand dollars, which
amount is made applicable for the payment of claims for
the present and previous years.

1883. — Chapter 22.

351

For burial of state paupers by cities aud towns, for the
present and previous years, a sura not exceeding seven
thousand dollars.

For temporary support of state paupers by cities and
towns, for the present and previous years, a sum not ex-
ceeding sixteen thousand dollars, and if at any time it
shall be found necessary, a sum not exceeding one thou-
sand dollars may be advanced on account of the support
and transportation of outside foundlings and other state
paui^ers : py^ovided, a detailed report of such expenditures
shall be rendered to the auditor of accounts whenever
required.

For support and transportation of outside foundlings,
a sum not exceeding nine thousand dollars.

For expenses in connection with small-pox and other
diseases dangerous to the public health, a sum not exceed-
ing five thousand dollars.

For support of Indian state paupers, a sum not exceed-
ing one hundred dollars.

For the Massachusetts school for idiotic and feeble-
minded youth, seventeen thousand five hundred dollars.

For payment of expenses incurred in connection with
the act relating to the adulteration of food and drugs,
three thousand dollars.

For travelling and necessary expenses of the auxiliary
visitors of the board of health, lunacy and charity, a sum
not exceeding sixteen hundred dollars.

For annuities due from the Commonwealth, incurred
by the acceptance of the bequests of the late Martha
Johonnot, a sum not exceeding thirteen hundred dollars.

For other annuities authorized by the legislature, a
sum not exceeding twenty-two hundred and ninety-seven
dollars.

For pensions, a sum not exceeding five hundred and
twenty dollars.

For expenses incurred in connection with medical ex-
aminations and inquests, a sum not exceeding three thou-
sand five hundred dollars.

The sum of two thousand dollars may be expended by
the board of health, lunacy and charity in giving tem-
porary assistance to persons, in extraordinary cases of
sufiering, where the provisions made by existing laws
are, in their judgment, deemed insufficient.

Burial.

Temporary sup-
port by cities
and towns.

Report of
expenditures to
be made to tlie
auditor.

Outside found-
lings.

Dangerous
diseases.

Indian paupers.

Idiotic and

feeble-minded

youth.

Adulteration of
food and drugs.

Auxiliary visi-
tors.

Johonnot
annuities.

Annuities.

Pensions.

Medical exami-
nations and
iuciuests.

Temporary
assistance.

352

1883. — Chapter 23.

Gratuity to
town of West-
field.

Chap.

Appropriations.

Printing and
binding ordered
by legislature.

Senate sta-
tionery.

House sta-
tionery.

Sergeant-at-
arms, station-
ery.

Incidental and

contingent

expenses.

Council,

printing and

stationery.

Governor and
council, contin-
gent expenses.
Executive
department,
contingent
expenses.
Postage,
printing and
stationery.

GEATUITIES.

For a gratuity payable to the town of Westfield, au-
thorized by the legislature, the sum of five thousand
dollars. ,

Section 2. This act shall take effect upon its passage.

\_Tlie foregoing was laid before the Governor on the twentieth day
of February, 1883, and after five days it had the '■'■force of a
law," as prescribed by the Constitution, as it loas not returned by
him, with his objections, within that ^tme.]

23 -'^N Act in further addition to "an act -making appropria-
tions FOR the maintenance OF THE GOVERNMENT DURING THE
PRESENT YEAR."

Be it enacted, etc., as follows:

Section 1. The sums hereinafter mentioned are ap-
propriated for the purposes specified, to be paid from the
ordinary revenue, unless otherwise ordered, out of the
treasury of the Commonwealth, to meet the current ex-
penses of the year ending on the thirty-first day of Decem-
ber, eighteen hundred and eighty-three, to wit : —

For printing and binding ordered by the senate and
house of representatives, or by concurrent order of the
two branches, a sum not exceeding twenty thousand
dollars.

For stationery for the senate, purchased by the clerk of
the senate, a sum not exceeding nine hundred dollars.

For stationery for the house of representatives, pur-
chased by the clerk of the house of representatives, a sum
not exceeding sixteen hundred dollars.

For books, stationery, printing and advertising, or-
dered by the sergeant-at-arms for the legislature, a sum
not exceedino^ eioht hundred dollars.

For incidental and contingent expenses of the sergeant-
at-arms, a sum not exceeding three hundred dollars.

For postage, printing and stationery for the executive
council, a sum not exceeding five hundred dollars.

For contingent expenses of the governor and council,
a sum not exceeding fifteen hundred dollars.

For contingent expenses of the executive department,
the sum of three thousand dollars.

For postage, printing and stationery of the executive
department, a sum not exceeding eight hundred dollars.

1883. — Chapter 23.

353

STATE HOUSE EXPENSES.

State house
fuel and lights.

For fuel and lights for the state house, a sum not ex
ceeding four thousand dollars.

For repairs, improvements and furniture of the state Repairs and

T n Till furniture.

house, a sum not exceednig nve thousand dollars.

For rent, taxes and other expenses connected with Expenses No.
house numbered thirty-three Pemberton square, a sum square.
not exceeding: ten thousand dollars.

INCIDENTAL AND CONTINGENT EXPENSES.

For incidental expenses of the secretary's department,
a sum not exceeding three thousand dollars.

For incidental expenses of the treasurer's department,
a sum not exceeding sixteen hundred dollars.

For incidental and contingent expenses of the tax com-
missioner's department, a sum not exceeding thirty-three
hundred and fifty dollars.

For incidental expenses of the commissioner of corpo-
rations, a sum not exceeding four hundred dollars.

For incidental expenses of the auditor's department, a
sum not exceeding seven hundred dollars.

For incidental expenses of the insurance commissioner's
department, a sum not exceeding three thousand dollars.

For compensation of experts, or other agents, for rent
of office and for incidental and contingent expenses of the
railroad commissioners, a sum not exceeding twenty-seven
hundred and eighty-five dollars.

For travelling and incidental expenses of the commis-
sioners on savings banks, the same to include expenses in-
curred in auditing the accounts of county officers, a sum
not exceeding fifteen hundred dollars.

For contingent expenses of the surgeon-general, a sum
not exceeding five hundred dollars.

For incidental expenses of the attorney-general's de-
partment, a sum not exceeding fifteen hundred dollars ;
and for expenses of civil actions, a sum not exceeding
three hundred dollars.

For travelling expenses of the inspector and assistant
inspector of gas meters, a sum not exceeding six hundred
dollars ; and for furnishing such additional apparatus as
the inspector of gas meters may find necessary, a sum not
exceeding two hundred dollars.

Incidental
expenses —
Secretary.

Treasurer.

Tax commis-
sioner.

Commissioner
of corporations.

Insurance com-
missioner.

Railroad com-
missiouers.

Commissioners
on savings
banks.

Surgeon-gen-
eral.

Attorney-gen-
eral.

Inspectors of
gas-meters.

354

1883. — Chapter 23.

Adjutant-gen-
eral.

Military duty.
Transportation.

Head-quartera
and armories.

Quartermaster-
general.

Quartermasters'
supplies.

Grading camp-
ground.

Military
accounts.

Medical
supplies.

Soldiers' boun-
ties.

Sailors and
marines.

Proceeds of
sales to be ap-
plied to pur-
chase of mili-
tary supplies.

Re-imburse-
ment for state
and military aid.

Bounties to
societies.

MILITARY DEPARTMENT.

For incidental expenses of the adjiitant-general's office,
a sum not exceeding three thousand dollars.

For compensation of officers and men of the volunteer
militia, a sum not exceeding seventy thousand dollars.

For transportation of officers and men of the volunteer
militia while on military dut}^ a sum not exceeding thir-
teen thousand dollars.

For rent of brigade and battalion headquarters, and
company armories, a sum not exceeding thirty-one
thousand dollars.

For expenses of the bureau of the quartermaster-gen-
eral, a sum not exceeding five thousand dollars.

For quartermaster's supplies, a sum not exceeding ten
thousand dollars.

For grading the camp-ground of the state at Framing-
ham, a sum not exceeding five hundred dollars.

For military accounts in connection with the volunteer
militia, not otherwise provided for, a sum not exceeding
four thousand dollars.

For medical supplies for the use of the volunteer mili-
tia, a sum not exceeding five hundred dollars.

For payment of bounties due to Massachusetts volun-
teers, a sum not exceeding one thousand dollars.

For expenses in connection Avith the record of Massa-
chusetts officers, sailors and marines, a sum not exceeding
five hundred dollars.

Any sums of money received under the provisions of
section eighty-eight of chapter fourteen of the Public
Statutes, and from the sale of grass at the state camp-
ground, may be expended by the quartermaster-general,
under the direction of the governor and council, for the
purchase of other military supplies, and for the care and
improvement of said grounds.

For re-imbursement of cities and towns for money paid
on account of state and military aid to Massachusetts vol-
unteers and their families, a sum not exceeding four hun-
dred and fifteen thousand dollars ; the same to be payable
on or before the first day of December of the present
year.

AGRICULTURAL.

For bounties to agricultural societies, a sum not exceed-
hm seventeen thousand dollars.

1883. — Chaptee 23.

355

For travelling and necessary expenses of members of
the board of agriculture, a sum not exceeding fifteen
hundred dollars.

For travelling and other necessary expenses of the sec-
retary of the board of agriculture, a sum not exceeding
five hundred dollars.

For incidental expenses of the board of agriculture, a
sura not exceeding five hundred dollars.

For maintaining an agricultural experiment station at
the Massachusetts agricultural college, in the town of
Amherst, the sum of five thousand dollars.

The fees under section twelve of chapter sixty of the
Public Statutes, are hereby appropriated, to be used in
accordance with the provisions of said section.

Expenses of
board.

Expenses of
secretary.

Incidental
expenses.

Experiment

station.

Commercial
fertilizers.

PRINTING, BINDING, ETC.

For printing and binding the public series of docu-
ments, under the direction of the secretary of the Com-
monwealth, a sum not exceeding thirty-five thousand dol-
lars.

For printing the pamphlet edition of the acts and
resolves of the present year, for distribution in the Com-
monwealth, a sum not exceeding thirty-three hundred
dollars.

For printing and binding the "blue book" edition of
the acts and resolves of the present year, with the gov-
ernor's message, and other matters, in the usual form, a
sum not exceeding three thousand dollars.

For newspaper publication of the general laws and all
information intended for the public, a sum not exceeding-
five hundred dollars.

. For assessors' books and registration blanks, a sum not
exceeding eighteen hundred dollars.

For preparation for publication and for the publication
of the provincial statutes, a sum not exceeding five thou-
sand and seventy-eight dollars ; and for printing vol-
ume five province laws, a sum not exceeding three thou-
sand dollars.

For term reports, a sum not exceeding sixteen hundred Term reports.
dollars.

For editing the registration report, a sum not exceeding
five hundred dollars.

For the purchase of paper for the Commonwealth, un-
der the direction of the secretary of the Commonwealth,
a sum not exceedins: ten thousand dollars.

Printing and
binding public
documents.

Pamphlet edi-
tion of acts and
resolves.

" Blue Book'
edition.

Newspaper
publication.

Assessors'
books and
blanks.

Provincial stat-
utes.

Registration
report.

Paper for the
Commonwealth.

356

1883. — Chapter 24.

diTxe's of"thi°' For the preparation of tables and indexes relating to
statutes. the statutes of the present year and subsequent years,

under the direction of the governor, a sum not exceeding

three hundred dollars.

Roads in Mash-
pee.

Sheriffs.

Weights and
measures.

State and mili-
tary aid.

MISCELLANEOUS.

For expenses incurred in the construction and repair
of roads in the town of Mashpee during the year eighteen
hundred and eighty-two, three hundred dollars.

To the sheriffs of the different counties, for distributing
proclamations, blanks, and making return of votes, a sum
not exceeding five hundred dollars.

For weights, measures, balances, and reports for sundry
newly incorporated towns, a sum not exceeding eight hun-
dred dollars.

For postage, printing and other necessary expenses
in carrying out the provisions of the state and military
aid laws, a sum not exceeding five hundred dollars.

Section 2. This act shall take effect upon its passage.

Approved February 27, 1883.

CllCip. 24: An Act making additional appropriations for certain ex-
penses AUTHORIZED IN THE YEAR EIGHTEEN HUNDRED AND

eighty-two.
Be it enacted, etc., as follows:

Section 1. The sums hereinafter mentioned are
appropriated, to be paid out of the treasury of the Com-
monwealth, from the ordinary revenue, for the purposes
specified herein, to wit ; —

For incidental expenses of the secretary's department,
seven hundred and sixty-one dollars and fifty-nine
cents.

For travelling expenses of the members of the board
of agriculture, and for lectures, four hundred and seventy-
nine dollars and three cents.

For militia transportation, six hundred and seventy-
five dollars and forty-nine cents.

For militia bounty, nineteen hundred and sixty-six
dollars and sixty-seven cents.

For expenses in connection with building a reservoir
at the state prison at Concord, four hundred and one
dollars and thirty cents.

For payment of salaries at the state industrial school
for girls, twelve dollars and eighty-four cents ; and for

Appropriations.

Secretary's
expenses.

Board of agri
culture.

Militia trans-
portation.

Militia bounty.

Reservoir at
state prison.

Industrial
school lor girls

1883. — Chapters 25, 26.

357

other expenses at said institution, two hundred and
twenty-seven dollars and twenty-four cents.

For current expenses at the state primary school at
Monson, twelve hundred and eighty-two dollars and sixty
cents.

For expenses in connection with building a reservoir
at the state primary school at Monson, three hundred and
seventy-three dollars and eight cents.

For salaries in connection with the preparation for pub-
lication, and for the pul)lication of the provincial laws,
thirty-three dollars and thirty-eight cents ; and for print-
ing volume four of the provincial laws, eighteen hundred
and sixty-three dollars and seventy-one cents.

For expenses in connection with the extra repairs and
improvements, and for furniture at the state house, five statehouse".
thousand three hundred and twenty dollars and eighty-five
cents.

Section' 2. This act shall take eflect upon its passage.

Approved March 1, 18S3.

state primary
school.

Reservoir at
MonsoD.

Provincial laws.

Repairs and
furniture at

An Act providing that the mayor of the city of Springfield (JJiap. 25

SHALL BE EX OFFICIO A MEMBER AND CHAIRMAN OF THE SCHOOL
COMMITTEE,

Be it enacted^ etc., as follows:

Section 1. The mayor of the city of Springfield shall Mayor to be
be ex officio a member and chairman of the school com
mittee of said city.

Section 2. This act shall take eflect upon its passage

Approved March 5, 18S3.

chairman of
school commit-
tee.

An Act relative to the salary of the mayor of the city of (JJiap, 26

WORCESTER.

Be it enacted, etc., as follows:

Section 1. Section twelve of chapter one hundred s^aiaryofthe

lUtivor*

and ninety-nine of the acts of the year eighteen hundred
and sixty-six, relating to the salary of the mayor of the
city of Worcester, is amended by striking out in the
twenty-second line the word " fifteen," and inserting in
place thereof the word "twenty-five."

Section 2. This act shall take eflect upon its passage.

Approved Marcli 5, 1883.

358

1883. — Chapters 27, 28.

Chap. 27

Term of office
of members of
fire department.

An Act to provide for establishing the term of office of
officers and members of the fire department of the city

OF LYNN.

Beit enacted^ etc., as follows:

Section 1. The city of Lynn is authorized to fix and
establish, by ordinance, the length of the term for which
the ofiicers and members of its fire department shall hold
ofiice.

Section 2. This act shall take efiect upon its passage.

Approved March 5, IS 83.

Cliap. 28

Remains of the
dead may be
removed.

Removals under
supervision of
selectmen.

Removals may
be made by
friends, etc.

Place of burial
by corporation.

Headstones to
be reset.

Headstones fur-
nished by cor-
poration.

Plan of grounds.

Time to be fixed
by selectmen
for removal of
remains.

An Act providing for the removal of the remains of the
dead in the whitinsville burying ground to pine grove
cemetery.

Be it enacted, etc., as follows:

Section 1. The Pine Grove Cemetery Association, a
corporation organized under the general laws in the year
eighteen hundred and seventy-eight, is authorized to
remove the remains of the dead buried in the Whitinsville
Burying Ground, situated on Kailroad Avenue in the vil-
lage of Whitinsville in Northbridge, to Pine Grove Ceme-
tery in said Northbridge under the following conditions :

1. The removals shall be made under the supervision
and direction of the selectmen of said Northbridge.

2. Persons having friends and relatives buried in said
Whitinsville Burying Ground may, at their own expense,
provide and prepare suitable lots for burial in said Pine
Grove Cemetery, and make the necessary removals under
the above supervision.

3. Where no such provision is made by such persons,
said corporation shall select and provide the places of
burial.

4. All monuments and headstones shall be carefully
removed and reset when others are not provided, and the
utmost pains shall be taken to avoid mistakes.

5. Plain and uniform headstones shall be furnished by
the corporation for unmarked graves, suitably inscribed
as far as the necessary facts are attainable, and marked
" unknown" if there be no identification.

6. A plan of the grounds, showing the places of sec-
ond interment, shall be made and placed in the hands of
the treasurer of said corporation for future reference.

7. The selectmen of said Northbridge shall fix the time
for removing said remains, and said corporation shall give
notice thereof, by posting notices in three public places

1883. — Chapters 29, 30, 31.

359

ill said jSTortlibridge, thirty days, at least, before the time
fixed for said removal, and by publishing said notice three
weeks successively in one weekly and one daily news-
paper, printed in said county, the last publication to be
ten days, at least, before the time fixed for said removal ;
and also by mailing a copy of said notice to the friends or
next of kin whose residence is known.

Section 2. This act shall take effect on the first day
of July, in the year of our Lord eighteen hundred and
eighty-three. Aj^i^roved 3Iarch 3, 1883.

To take offect
July 1, 1883.

Repeal of P. 8.
60, § 17.

An Act relating to the manner of issuing licenses to man- (JJiar>. 29

UFACTURERS OR IMPORTERS OF COMMERCIAL FERTILIZERS. ^ '

Be it enacted, etc., as follows :

Section seventeen of chapter sixty of the Public Stat-
utes, relating to the manner of issuing licenses to manu-
facturers or importers of commercial fertilizers, is repealed.

Approved March 3, 1883.

An Act to authorize the purchase of books for a prison (Jhap. 30

LIBRARY FOR THE HOUSE OF CORRECTION AT CAMBRIDGE. ^

Be it enacted, etc., as folloios :

Section 1. The sherift' of the county of Middlesex is Books for the

. • Till! J""' ^"" house

authorized to expend a sum not exceeding three hundred of correction at
dollars for the purchase of books for a library for the jail ''™ '"^'^'
and house of correction at Cambridge in said county, and
the sum so expended shall be allowed and paid from the
treasury of said county in the same manner as other prison
expenses are paid.

Section 2. This act shall take efi*ect upon its passage.

Approved March 3, 1883.

An Act relative to fishing in the merrimack river.
Be it enacted, etc., as follows :

For the purpose of taking fish called " shiners " for bait,
any person may draw a net or seine during the months of
November and December at any point in the Merrimack
River, except within four hundred yards of any fish way :
provided, that all other fish so caught are immediately re-
turned to the waters from which they were taken ; and
the penalties provided for in sections thirty-six, thirty-
seven, thirty-eight and thirty-nine of chapter ninety-one
of the Public Statutes shall not apply to the taking of fish
as herein provided. Approved March 6, 1883.

Clicqj. 31

" Shiners " may
be taken for bait
in November
and December.

360

1883.— Chapters 32, 33.

Chai). 32

Extra fare paid
on train not to
exceed ten
cents.

— to be repaid
at any station, if
demanded with-
in ten days.

Penalty.

An Act in relation to railroad fares.
Be it enacted, etc., asfolloivs:

Section 1. No railroad corporation shall demand or
receive for any single ticket or passage on any train, by
reason of such ticket being bought or such fare being paid
on a train, or elsewhere than at its ticket offices, more
than ten cents in excess of the tariff rates charg-ed at its
ticket offices.

Section 2. When any excess is received as above for
a fare or passage, the conductor or other person receiving
it shall give to the passenger a printed certificate author-
izing him to receive the sum so paid in excess at any sta-
tion of the corporation, in exchange for said certificate,
j)rovided such certificate is presented within ten days
from the time it is accepted by the passenger.

Section 3. Any corporation violating any provision
of this act shall be liable to a penalty of not less than ten
and not more than fifty dollars.

Ap2Jroved March 8, 1883.

Chap, 33

Re-insurance
not to be eflfect-
ed in any com-
pany not au-
thorized to in-
sure in this
state.

Risks in any
one town, etc.,
not to exceed
net assets avail-
able for pay-
ment of losses
in the state.

Blanks for re-
turns to be fur-
nished by insur-
ance commis-
sioner.

An Act relating to re-insurance and the risks and returns
of insurance companies, and the books of insolvent insur-
ance companies.

Be it enacted, etc., as follows:

Section 1. No foreign or other insurance compan}',
association, partnership, firm or individual authorized to
transact the business of insurance in this Commonwealth
shall, directly or indirectly, contract for or eflect any re-
insurance of any risk taken by it on property in this
Commonwealth, with any insurance company, associa-
tion, partnership, firm or individual not authorized to
transact the business of insurance in this Commonwealth
in accordance with the laws thereof.

Section 2. No company or association transacting
the business of fire insurance in this Commonwealth shall
take or have at risk on property other than dwelling
houses, farm buildings, and the contents of such houses
and buildings in any one town or fire insurance district of
a city or town, an amount exceeding its net assets availa-
ble for the payment of losses in the Commonwealth.

Section 3. The insurance commissioner of the Com-
monwealth shall furnish insurance companies or associa-
tions, annually, in the month of December, the necessary
blanks required for the returns to be made by them.

1883. — Chapters 34, 35.

361

Section 4. Insurance companies organized under the
laws of this Commonwealth, having a capital stock of
three hundred thousand dollars or more, with authority
to transact both fire and marine insurance in accordance
with said laws, are hereby authorized to insure against
the perils of tempests on land, and shall make the same
returns of business transacted and premiums received as
are now required from fire insurance companies.

Section 5. Receivers of insolvent insurance compa-
nies shall, at the end of one year after final settlement
ordered by the court, deposit with the insurance commis-
sioner all books and papers of such insolvent insurance
companies, including those relating to their receiverships ;
and said insurance commissioner shall receive and hold
the same in some proper repository in his department.

Section 6. All acts and parts of acts inconsistent
herewith are hereby repealed.

Section 7. This act shall take effect upon its passage.

Approved March 8, 1883.

Insurance
against perils of
tempests on
land, by certain
companies hav-
ing capital
stock of
$300,000.

Receivers to
deposit with
insurance com-
missioner,
books, papers,
etc., of insol-
vent compan-
ies.

Repeal.

An Act relative to the salary of the mayor of the city of (JJiap. 34

Salary of the
mayor.

NEW BEDFORD

Be it enacted., etc., as follows :

Section 1. The mayor of the city of New Bedford
shall receive not less then eight hundred dollars nor more
than two thousand dollars per annum in full for all services ;
and the amount of his compensation shall not be increased
nor diminished during the terra for which he shall have
been elected. The city council shall annually in the
month of April fix the amount of the salary of the mayor,
by concurrent vote, for the next municipal year.

Section 2. This act shall take eflect when accepted by To take effect, if

. , -, , accepted on or

the city council of the city of New Bedford, provided the before the last
same is accepted on or before the last Thursday of April in April, isss.
the year eighteen hundred and eighty-three.

Approved March 5, 1883.

An Act to extend

THE charter of THE SOMERVILLE
RAILROAD COMPANY.

HORSE

Chap. 35

Be it enacted., etc., as follows:

So much of section fifteen of chapter four hundred and fendeTwuhout
thirty-four of the acts of the year eighteen hundred and limitation of
fifty-four, and of chapter two hundred and fifty of the
acts of the year eighteen hundred and fifty-seven, as

362

1883. — Chapters 36, 37, 38.

limits the existence of the Somerville Horse Railroad
Company to fifty years is repealed.

Approved March 9, 1883.

Chap. 36 An Act in

English spar-
rows may be
taken or killed.

May issue
bonds, and
mortgage fran-
chise and prop
erty to secure
payment.

RELATION TO THE TAKING AND KILLING OP CERTAIN
UNDOMESTICATED BIRDS.

Be it enacted, etc., as folloios:

Section six of chapter ninety-two of the Public Statutes,
relating to the taking and killing of undoraesticated birds,
is hereby amended by inserting the words " English spar-
rows " after the word " blackbirds" both in the third and
sixth lines thereof, and also by inserting the words " the
mayor of the city or the selectmen of the town where he
resides, and from" after the word " from," at the end of
the eighth line of said section. Approved March 9, 1883.

Chap. 37 An Act authorizing the cajibridge railroad company to issue

MORTGAGE BONDS.

Be it enacted, etc., as folloios :

Section 1. The Cambridge Railroad Company may,
by the vote of a majority in interest of its stockholders, at
a meeting called for the purpose, issue coupon or regis-
tered bonds to an amount not exceeding one million dollars,
for a term not exceeding twenty years from the date there-
of; and to secure payment thereof, with interest thereon,
the said company may make a mortgage of its road and
franchise and any part or all of its other property-, and
may include in such mortgage property thereafter to be
acquired. Said company may in such mortgage reserve
to its directors the rio;ht to sell or otherwise in due course
of business dispose of property included in such mortgage
which may become worn, damaged or otherwise unsuit-
able to be used in the operation of its road, provided, that
an equivalent in value be substituted in lieu thereof.

Section 2. All bonds so issued shall first be approved
by some person appointed by the corporation for that pur-
pose who shall certify upon each bond that it is properly
issued and recorded.

Section 3. This act shall takeeflfect upon its passage.

Approved March 9, 1883.

An Act to authorize charles c. hine to construct a cause-
way AND BRIDGE IN TISBURY.

Be it enacted, etc., as folloios:

Section 1. License is hereby given to Charles C.
Hine to construct and maintain a causeway and bridge for

Mortgaged
property may
be sold if equiv-
alent in value is
substituted.

Bonds to be
approved by
some person
appointed by
corporation.

Chap. 38

May construct
causeway and
bridge in Tis-
bury

1883. — Chapters 39, 40, 41.

363

Chap. 39

May lioUl addi-
tional real and
personal estate.

the purpose of a road between lands owned by himself in
the town of Tisbury across tide water from a point on
Little Neck, so called, to the beach that separates the
waters of Vineyard Haven Harbor and the Lagoon Pond :
provided, that the existing structure across said tidewater
be first removed and that all things done under this act
shall be subject to the determination and approval of the
board of harbor and land commissioners, and to all pro-
visions of chapter nineteen of the Public Statutes.

Section 2. This act shall take effect upon its passage.

Ajyproved March 9, 1883.

An Act to autuorize the president and trustees of Wil-
liams COLLEGE to HOLD ADDITIONAL REAL AND PERSONAL

ESTATE.

Be it enacted, etc., as follows:

Section 1. The proviso in section four of the act es-
tablishing Williams College, passed on the twenty-second
day of June in the year seventeen hundred and ninety-
three, is hereby amended so as to read, ^^ provided never-
theless that the clear annual income of the same shall not •
exceed two hundred thousand dollars."

Section 2. This act shall take efiect upon its passage.

Aj)proved March 9, 1883.

An Act to authorize the national tube works company to (JllCip. 40

INCREASE its CAPITAL STOCK.

Be it enacted, etc., as follotvs :

Section 1. The National Tube Works Company, a
corporation established in Boston under the general laws
of this Commonwealth, is authorized to increase its capi-
tal stock by an amount which together with the capital
stock heretofoie authorized shall not exceed in the aggre-
gate two million five hundred thousand dollars.

Section 2. This act shall take effect upon its passage.

Approved March 9, 1883.

An Act in relation to the assessment of taxes.
Be it enacted, etc., as follows:

Section I. Section fifty-two of chapter eleven of the
Public Statutes is amended so that in the blank books pro-
vided for under said section, the heading of column num-
ber one shall read as follows : " Names and residences
of persons assessed."

Section 2. Section fifty-three of chapter eleven of the
Public Statutes is amended so that the second paragraph

May increase
capital stock.

(7%). 41

Amendment to
P. S. 11, §■ 52.

Amendment to
P. S. U. § 53.

364

1883. — Chapters 42, 43, 44.

Chap. 42

Contesting can.
didates may be
present at re-
count of ballots.

of said section shall read as follows: "In Column Num-
ber One. The names of the inhabitants or persons as-
sessed for polls or estates, with the street and number of
their residence." Approved March 14, 1S83.

An Act relating to the re-counting of ballots.
Be it eriacfed, etc. , as follows :

Section 1. In all cases whenever a re-count of ballots
cast at any election is claimed, the board or committee
charged WMth the duty of re-counting such ballots shall,
before proceeding to re-count such ballots, give notice in
writing to the several contesting candidates interested in
and liable to be affected by such re-count, of the time
when and the place where such re-count is to be made,
and each of such contesting candidates may appear and be
present during such re-counting either in person or by an
agent appointed in writing by him in his stead.

Section 2. This act shall take effect upon its passage.

Approved March 14, 1883.

TO change the name of the woman's

SIONARY SOCIETY.

BAPTIST MIS-

Chap. 43 An Act

Be it enacted, etc., as follows:
Name changed. Section 1. The Woman's Baptist Missionary Society,
a corporation esjtablished in Boston under the general laws
of this Commonwealth the ninth day of November in the
year eighteen hundred and seventy-four, shall take the
name of the "Woman's Baptist Foreign Missionary So-
ciety."

Section 2. This act shall take effect upon its passage.

Approved March 14, 1883.

Chap. 44 An Act to incorporate the trustees of the chapter of the
^ ' zeta psi fraternity in avilliams college.

Be it enacted, etc., as follows:

Section 1. Truman Henry Safford, Charles Kellogg
Ober, Ira Jewett Geer, their associates and successors,
are made a corporation under the name of the " Trustees
of the Chapter of the Zeta Psi Fraternity in AVilliams Col-
lege," for the purpose of holding and managing the real
estate and personal property of the said chapter, with the
powers and privileges and subject to the duties, liabilities
and restrictions set forth in the general laws which now
are or may hereafter be in force relating to such corpora-
tions.

Corporators.

Name and pur-
pose.

1883. — Chapters 45,46.

365

Real and per-
sonal estate.

Annual meet-
ing.

Section 2. The said corporation is hereby authorized May hold meet-

. , , , . /• ji i- n • ii • i ings in the city

to hokl meetiiiijs, tor the purposes mentioned in this act, of New York.
in the city of New York as well as within this Common-
wealth.

Section 3. The said corporation may receive, pur-
chase, hold and convey real and personal property for the
use of said chapter, provided that the value of the real
estate so held at any time shall not exceed thirty thousand
dollars ; and said property shall not be exempt from taxa-
tion.

Section 4. This act shall take effect upon its passage.

Approved March 14, 1883.

An Act relating to the annual meeting and number of Chcip. 45

MANAGERS OF THE BOSTON FEMALE ASYLUM.

Be it enacted, etc., as follows:

Section three of the act to incorporate the Boston Fe-
male Asylum, passed on the twenty-sixth day of February
in the year eighteen hundred and three, is amended so
that the annual meeting of said society shall be held on
the last Tuesday in October, and the board of managers
shall not exceed sixteen in number.

Approved March 14, 1883.

An Act relating to the city physician and board of health CllCip. 46

OF THE CITY OF TAUNTON.

Be it enacted, etc., as follows :

Section 1. Section nine of chapter two hundred and city physician.
eleven of the acts of the year eighteen hundred and eighty-
two, providing for the election of certain otEcers of the
city of Taunton, is amended by striking from the twen-
tieth line of said section the words " and city physician,"
and by inserting in said line the word " and" before the
word " superintendent."

Section 2. The appointments to the board of health of Board of
the city of Taunton shall, in the year eighteen hundred ^®"'^''"
and eighty-three, be made within thirty days after the pas-
sage of this act, to take effect from the first Monday of
February of said year.

Section 3. This act shall take effect upon its passage.

Approved 3Iarch 14, 1883.

366

1883. — Chapters 47, 48, 49, 50.

Chap. 4:1

Extra clerical
assistance.

An Act in relation to extra clerical assistance in the

MUNICIPAL court OF THE CITY OF BOSTON.

Be it enacted, etc., as follows:

Section 1. The second paragraph of section fifty-eight
of chapter one hundred and fifty-four of tlie Public Stat-
utes, providing for extra clerical assistance in the munici-
pal court in the city of Boston, is amended by striking
out the word "sixteen," in the second line thereof, and
inserting in place thereof the word " nineteen."

Section 2. This act shall take efiect upon its passage.

Approved March 14, 1883.

(JllCip. 48 An Act to establish the salary of the third clerk in the

DEPARTMENT OF THE SECRETARY OF THE COMMONWEALTH.

Be it enacted, etc., as folloivs :

Section 1. The annual salary of the third clerk in the
department of the secretary of the Commonwealth shall
be thirteen hundred dollars, from the first day of January
in the year eighteen hundred and eighty-three.

Section 2. So much of section ten of chapter fifteen of
the Public Statutes as is inconsistent with this act is
hereby repealed. Approved March 17, 1883.

Salary estab
lished.

Repeal.

Chap. 49

May hold addi-
tional real and
and personal
estate.

Chap.m

May insure per-
sonal property
against loss by
fire.

An Act authorizing the Massachusetts bible society to hold
additional real and personal estate.

Be it enacted, etc., as folloivs:

Section 1. The Massachusetts Bible Society, originally
incorporated Iiy an act passed the fifteenth day of Febru-
ary in the year eighteen hundred and ten, is authorized to
hold real and personal estate to an amount not exceeding
three hundred thousand dollars.

Section 2. This act shall take effect upon its passage.

Ap2)roved March 17, 1883.

An Act to authorize the mutual fire assurance company of
springfield to insure personal property against loss or
damage by fire.

Beit enacted, etc., as follows:

Section 1. The Mutual Fire Assurance Company of
Springfield, incorporated under the provisions of an
act approved on the fifteenth day of February in the year
one thousand eight hundred and twenty-seven, is author-
ized to insure personal property against loss or damage
by fire, to the same extent and in the same manner as
they are now authorized by law to insure real estate.

Section 2. This act shall take effect upon its passage.

Approved March 17, 1883.

1883. — Chapters 51, 52.

367

Chap. 51

May take land
for public insti-
tutions.

To file and have
recorded in the
registry of
deeds, within
thirty d;iys, a
description of
the land taken.

Liability for
damages.

An Act to authorize the city of boston to take land for

PUBLIC institutions.

Be it enacted^ etc., as follows :

Section 1. The city of Boston is authorized to take and
hold by purchase or otherwise, at any time within two
years from the passage of this act, so much land within
its limits or on the islands in Boston harbor as it may
deem necessary for the public institutions of said city and
the county of Suffolk.

Section 2. Said city shall, within thirty days from the
time when it shall take any land under this act, file in the
office of the register of deeds for the county in which
such land is situated, and cause to be recorded therein, a
description of the kind so taken as certain as is required
in a common conveyance of kind, with a statement of the
purpose for which said land is taken ; which description
and statement shall be signed by the mayor of said city.
The city of Boston shall be liable to pay all damages that
shall be sustained by any person by reason of the taking
of land as aforesaid, and in case the parties cannot agree
the damages shall be assessed by a jury at the bar of the
superior court, on petition to be filed in the clerk's office
of said court, in the county in which said land is situated,
within two years next succeeding the tiling of the descrip-
tion before mentioned, and sections twenty-eight and
twenty-nine of chapter forty-nine of the Public Statutes
shall apply to the assessment of damages under this act.

Section 3. This act shall take effect upon its passage.

Approved March 17, 1883.

An Act to extend the time within which savings banks and
institutions for savings may sell certain real estate now
held by them.

Be it enacted, etc. , as folloivs :

Any savings bank or institution for savings incor- Time extended
porated under the authority of this Commonwealth may [",[',*rea"f8ute.
sell any real estate now held by it, which has been ac-
quired l)y the foreclosure of any mortgage owned by it,
or by purchase at sales made under the provisions of any
such mortgage, or upon judgments for debts due it or in
settlements effected to secure such debts, at any time
before the first day of July in the year eighteen hundred
and eighty-four : provided, however, that the commissioners proviso.
of savings l^anks may, upon the petition of the trustees
of any savings bank, and for good cause shown, grant an

CJmp.52

368

1883. — Chapters' 53, 54, 55.

additional time not exceedinsf two years within which such
real estate shall be sold ; notwithstanding any limit pro-
vided by the eighth clause of section twenty of chapter
one hundred and sixteen of the Public Statutes, and sec-
tion one of chapter two hundred of the acts of eighteen
hundred and eighty-two. Ap/>roved March 17, 1883.

Chcip. 53 An Act relating to the salary of the clerk of the police

COURT OF GLOUCESTER.

Be it enacted, etc., as follows:

Section 1. Section sixty-four of chapter one hundred
and tifty-four of the Public Statutes is amended so that
the annual salary of the clerk of the police court of Glou-
cester shall be eight hundred dollars.

Section 2. This act shall take effect upon its passage.

Approved March 17,1 883.

Chap. 54 -^N -'^CT RELATING '
^ JUSTICES OF THE

Salary estab.
lished.

Salary estab-
lished.

TO THE SALARY OF THE MESSENGER OF THE
JUSTICES OF THE SUPERIOR COURT IN THE COUNTY OF SUFFOLK.

Be it enacted, etc., as folloios :

Section 1. Section sixty-nine of chapter one hundred
and fifty-nine of the Public Statutes is amended so that the
messenger of the justices of the superior court in the
county of Suffolk shall receive an annual salary of fifteen
hundred dollars.

Section 2. This act shall take effect upon its passage.

Approved March 17, 1883.

Chap. 55 An ACT RELATING

Legislative man-
ual to be fur-
nished to cities
aud towns.

TO THE PRINTING AND DISTRIBUTION OF THE.
LEGISLATIVE MANUAL.

Be it enacted, etc., as folloios:

Section 1. Section nine of chapter four of the Public
Statutes is amended by striking out the words "four
thousand five hundred," in the third line, and inserting in
place thereof the words " five thousand ;" section ten of
the same chapter is also amended by inserting after the
word "Commonwealth," in the eighth line, the words
"and one copy to each of the city and town clerks for
the use of the said city or town."

Section 2. This act shall take effect upon its passage.

[_The foregoing was laid before the Governor on the thirteenth
day of March, 1883, and after Jive days it had the '■''force of a
laio," as prescribed by the Constitution, as it was not returned by
him with his objections within that time.~\

1883. — Chaptee 56. 369

An Act to confirm certain agreements and leases made (JJicip. 56

BETWEEN THE CAMBRIDGE RAILROAD COMPANY, THE UNION
RAILWAY COMPANY, THE MIDDLESEX RAILROAD COMPANY AND
THE SOMERVILLE HORSE RAILROAD COMPANY.

Be it enacted, etc., as follows :

Section 1. A memorandam of agreement entered into j^fJI^ ""„.-* ''"*^
by and between the Cambridge Raih'oad Company and armed.
the Union Railway Company, dated on the twenty-second
day of November in the year eighteen hundred and eighty-
two, and recorded with the Middlesex southern district
deeds, vohmie si.xteen hundred and sixteen, pages two
hundred and sixty to two hundred and sixty-six, whereby
the said Union Railway Company agreed to sell and con-
vey all its real estate, equipment, leases and franchise to
the said Cambridge Railroad Company, and the said Cam-
bridge Raih'oad Company agreed to purchase the same ; an
indenture of two parts made between the Somerville Horse
Railroad Company and the Middlesex Railroad Company,
dated on the twenty-eighth day of December in the year
eighteen hundred and eighty-two, being a lease to said
Middlesex Railroad Company by said Somerville Horse
Railroad Company of certain new railway tracks recently
constructed in the city of Somerville by said Somerville
Horse Railroad Company ; an indenture of two parts made
between the Middlesex Railroad Company and the Cam-
bridge Railroad Company, dated on the twenty-eighth d'ly
of December in the year eighteen hundred and eighty-
two, being a lease of the said railway tracks to the said
Cambridge Railroad Company by said Middlesex Railroad
Company ; and a memorandum of agreement made be-
tween the said Cambridge Railroad Company and said
Middlesex Railroad Company, dated on the twenty-eighth
day of December in the year eighteen hundred and eigiity-
two, whereby the said Cambridge Railroad Company
agreed to assume all liabilities of and the payment of all
rents hereafter coming due from said Union Railway Com-
pany to the said Middlesex Railroad Company, and the
said Middlesex Railroad Company assented thereto, and
all acts and proceedings done under and in pursuance of Procoedings
the same, are hereby ratified, confirmed and made valid.

Section 2. This act shall take effect upon its passage.

\^The foregoing was laid before the Governor on the fourteenth
day of March, 1883, and after five days it had the ^^ force of a .
law," as prescribed by the Constitution, as it was not returned by
him ivith his objections within that time.^

370

1883. — Chapters 57, 58.

Chap. 57

Salary estab-
lished.

Repeal.

An Act to establish the salary of the clerk of the first
district court of plymouth.

Be it enacted, etc., as follows:

Section 1. The clerk of the first district cour# of
Plymouth shall receive an annual salary of six hundred
dollars.

Section 2. So much of section sixty-four of chapter
one hundred and fifty-four of the Public Statutes as is in-
consistent with this act is repealed.

Section 3. This act shall, take effect upon its passage.

\_The foregoing ivas laid before the Governor on the fourteenth
day of March, 1883, and after five days it had the '■'' force of a
law," as prescribed by the Constitution, as it teas not returned by
him with his objections within that time.']

Railroad com-
panies author
jzed to unite.

Chctp. 58 -^^ ^^"^ '^^ authorize the union of the eastern junction,

■'■ ' BROAD SOUND PIER AND POINT SHIRLEY RAILROAD COMPANY,

THE BOSTON, WINTHROP AND POINT SHIRLEY RAILROAD COMPANY
AND THE BOSTON AND WINTHROP RAILROAD COMPANY.

Be it enacted, etc., as follows :

Section 1. The Eastern Junction, Broad Sound Pier
and Point Shirley Railroad Company is authorized to unite
with the Boston, Winthrop and Point Shirley Railroad
Company and the Boston and Winthrop Railroad Com-
pany, on such terms and conditions and with such guaran-
tees as may be mutually agreed upon by said corporations,
at meetings of the stockholders thereof duly called for
that purpose : provided, however, that the assent to such
union shall be given by a two-thirds interest of the holders
of the stock of said corporations. The name of the united
corporation thus authorized shall be the Boston, Winthrop
and Shore Railroad Company, and said corporation shall
have and enjoy all the franchises, powers, privileges, prop-
erty and rights of every kind belonging to the Eastern
Junction, Broad Sound Pier and Point Shirley Railroad
Company, now so called, and to the Boston, Winthrop and
Point Shirley Railroad Company, now so called, and to the
Boston and Winthrop Railroad Company, now so called, or
either of them, and shall assume all the duties, debts and
liabilities of said corporations, and shall be subject to all
general laws which now are or hereafter may be in force re-
lating to railroad corporations.

Section 2. The capital stock of the Boston, Win-
throp and Shore Railroad Company, after such union,
shall not exceed the amount of the authorized capital stock

Name of united
corporation.

Capital stock.

1883. — Chapter 58.

371

of said three corporations at the date of such union ; but
it may, after such union, increase its capital stock to two
hundred and seventy-live thousand dollars, the new stock
to be issued in accordance with existing laws, and the
proceeds thereof applied to the payment and reduction of
its debt, and to providing additional equipment for and
improvements of its road, and the establishment of a ferry
between the city of Boston and the town of Winthrop, as
hereinafter provided, and the purchase of such property
as may be necessary for the use of said corporation. Said
Boston, Winthrop and Shore Railroad Company, after
such union, may issue bonds in an amount not exceeding
its capital stock, and mortgage its property to secure the
same, the proceeds thereof to be applied to the pa3'ment
and extinguishment of its debt, and to providing addi-
tional equipment and such other property, with improve-
ments thereon as may be needed by said corporation.

Section 3. The said Boston, Winthrop and Shore
Railroad Company, after such union, may change the gauge
of such portions of its tracks as are now three feet gauge,
to the standard gauge of four feet eight and one-half
inches; or, to better accommodate public travel, it may
lay a third rail upon its road to permit the running of en-
gines and cars of both said gauges. Said corporation ma}'^
establish and maintain a ferry between the city of Boston
and the town of Winthrop for the carriage of passengers
and freight, and may charge and receive tolls therefor,
and may lease or purchase such real estate on Atlantic
Avenue, in the city ot Boston, and may lease, purchase,
or take such real estate in the town of Winthrop as may
be needed by said company to provide it with sufficient
terminal facilities ; and said company may erect thereon
such wharves, depots and other structures as may be re-
quired by said company for its convenience and use, sub-
ject, however, to the approval of the board of harbor and
land commissioners, and to all the provisions of chapter
nineteen of the Public Statutes : provided, that said cor-
poration shall not establish any ferry landing on Atlantic
Avenue, in said city, without first ol)taining the approval
of the board of aldermen of said city thereto ; provided,
also, that this act shall not give said corporation an}'^ addi-
tional rights to take lands for terminal uses at Point
Shirley, so called.

May issue
bonds, and
mortgage its
property to se.
cure payment.

May change
gauge of tracks.

May establish a
ferry between
Boston and
Winthrop.

May erect
wharves, depots
etc., with ap-
proval of har-
bor and land
commissioners.

Provisos.

372

1883. — Chapter 59.

Union to be
made within
two years.

To be located
and constructed
within three
years after
union.

Certified copies
of votes to
unite, to be
filed in secre-
tary's office and
with railroad
commissioners.

Chap. 59

Boston and
Lowell Railroad
Corporation
raay issue bonds
to amount of
$250,00U, for
purchase of the
Middlesex Cen-
tral Kailroad.

Section 4. The said Eastern Junction, Broad Sound
Pier and Point Shirley llailroad Compan}^ Boston, Win-
throp and Point Shirley Railroad Company' and Boston
and Winthrop Railroad Company are hereby granted two
3^ears from and after the passage of this act to unite as
herein provided, and after such union three years from the
date thereof are hereby granted, within Avhich the said
Boston, Winthrop and Shore Railroad Company may
locate and construct the extensions of its road and estab-
lish the said ferry, except that the extension to deep
water at Point Shirley shall be located and constructed
within the time now allowed by law to the Eastern
Junction, Broad Sound Pier and Point Shirley Railroad
Company to construct its present line.

Section 5. Whenever said corporations shall vote to
unite, as aforesaid, copies of the votes whereby such
union is assented to, certified by the respective clerks of
said corporations, shall be tiled in the office of the secre-
tary of the Commonwealth, and also with the board of
railroad commissioners.

Section 6. This act shall take effect upon its passage.

[^The foregoivg tvas laid before the Governor on the fourteenth
day of March, 1883, and after Jive days it had the '•'■force of a
law" as j^rescribed by the Constitution, as it was not returned by
him with his objections loithin that time.~\

An Act to authokize the boston and lowell railroad cor-
poration TO purchase the franchise and pkopeuty of the

MIDDLESEX CENTRAL RAILROAD COMPANY.

Beit enacted, etc., as follows:

Section 1. The Boston and Lowell Railroad Cor-
poration, incorporated by an act approved June fifth,
eighteen hundred and thirty, is hereby authorized to issue
bonds to the amount of two hundred and fifty thousand
dollars, payable in not more than twenty years from their
date and bearing interest at a rate not exceeding five per
cent, per annum, for the purpose of providing the means
to purchase the rights, franchise and property of the Mid-
dlesex Central Railroad Company, incorporated by an act
approved April tenth eighteen hundred and seventy-one,
in accordance with a lease dated August first eighteen
hundred seventy-three executed by said corporations ;
said bonds shall be signed by the president and treasurer
and recorded by the treasurer, and shall be approved by
some person appointed by the board of directors, who

1883. — Chapters 60, (j'l, 62.

373

shall certify that they are properly issued autl recorded ;
and the said Middlesex Central Eailroad Company is
hereby anthorized and empowered to. convey the said
rights, property, franchises and all the powers, privileges
and easements granted to it, to the Boston and Lowell
Railroad Corporation ; and the Boston and Lowell Rail-
road Corporation shall upon such conveyance have and
enjoy all the rights, powers, privileges, easements, fran-
chises and property, and be subject to all duties, lial)ilities,
obligations and restrictions to which said Middlesex Cen-
tral Railroad Company may be subject.

Section 2. This act shall take effect upon its passage.

Apjv'oved March 21, 1883.

An Act to authorize the Massachusetts hospital life in- CIlClp. 60

SUKANCE COBIPANY TO HOLD ADDITIONAL REAL ESTATE.

Be it enacted, etc., as follows:

Section 1. The Massachusetts Hospital Life Insurance May hoia addi-
Company, incorporated by an act passed on the twenty- esTate.'^'^^
fourth day of February in the year eighteen hundred and
eighteen, is authorized to purchase and hokl real estate in
the city of Boston, to an amount not exceeding tifteen
hundred thousand dollars.

Section 2. This act shall take effect upon its passage.

Approved 3farch 21, 1883.

An Act relative to the fees of witnesses and officers at ChciJ)- 61

INQUESTS.

Be it enacted, etc., as follows :

Section 1. Section twenty- five of chapter twenty-six
of the Public Statutes is amended by inserting after the
word " dollars," in the seventh line thereof, the words " and
the fees of witnesses and officers for attendance, travel
and services at such inquests shall be the same as in crimi-
nal prosecutions before such trial justices."

Section 2. This act shall take efiect upon its passage.

Approved March 21, 1883.

Fees of wit-
nesses and
officers at in-
quests.

An Act concerning costs under the trustee process.
Be it enacted, etc., as follows:

Section 1. If, during the pendency of a trustee proc-
ess the trustee is sued by the defendant in such process
or by any other person to recover the goods, effects or
credits or any part thereof in the hands and possession of
said trustee, the court in which said subsequent suit is

Chap, 62

Cents under the
trustee process.

374

1883.— Chapters 63, 64.

Time of holding
meetings.

Repeal.

Time for loca-
tion extended.

brought may make such order in reference to costs there-
in as justice may require.

Section 2. This act shall take effect upon its passage.

Approved 2Iarch 21, 1883.

Chap. 63 An Act to change the time of holding meetings of the county

COMMISSIONERS IN THE COUNTY OF BERKSHIRE.

Be it enacted, etc., as follows :

Sectiox 1. The county commissioners of the county
of Berkshire shall hold meetings on the first Tuesdays of
January, April, July and October.

Section 2. So much of section fifteen of chapter
twenty-two of the Public Statutes as is inconsistent here-
with is herel)y repealed.

Section 3. This act shall take effect upon its passage.

Approved March 21, 1883.

CllClT). 64 An Act in relation to the Massachusetts central railroad
^ * company.

He it enacted, etc., as follows:

Section 1. The time within which the Massachusetts
Central Railroad Company may locate and construct its
railroad is hereby extended to the first day of May in the
year eighteen hundred and eighty-six ; and all acts and parts
of acts conferring franchises, rights, powers and immunities
upon said company are hereby revived and continued in
force.

Section 2. The said company may, by vote of a
majority in interest of its stockholders, at a meeting duly
called for the purpose, issue to each holder of its- mort-
gage debt preferred stock to an amount equal to the prin-
cipal of the debt, and of all unpaid interest thereon,
including the interest becoming due on the first day of
July in the year eighteen hundred and eighty-three. The
issue of said preferred stock in exchange for said debt and
interest shall operate as full payment thereof; and the
preferred stock so issued shall be treated as fully paid up
stock to all intents and purposes ; shall be entitled to
dividends not exceeding eight per cent, each year, payable
semi-annually, in preference and priority to the common
stock; and, until two semi-annual dividends have been so
paid in one year, the holders of such preferred stock shall
have the exclusive right to elect the directors of said
company, and to vote at corporate meetings, and shall
have the entire control and management of said company.

May issue pre-
fcrred stock by
vote of BtOCli-

holders.

1883. — Chapter 64.

375

Such preferred stock shall he divided into shares of one
hundred dollars each, and for any amount of mortgaf^e debt
less than one hundred dollars, said comp;iny shall issue
scrip certiiicates convertible into preferred stock, upon
presentation of the same in sums of one hundred dollars.
It is, however, expressly provided that no preferred stock
shall be issued under the authority of this section, uidess
within thirty days from the passage of this act all the
holders of said mortgage debt shall elect to exchang-e the
same for preferred stock, as herein provided, and shall
present the bonds, coupons, and other evidences of said
mortgage debt to the company, to be stamped or marked
accordingly.

Section 3. In the event that section two of this act
shall fail to take effect, Samuel N. Aldrich, Thomas H.
Perkins and Henry Woods, or any two of them, for and
on behalf of the holders of said mortgage debt, whenever
the trustees under said mortgao;e shall sell the mortijaoje
property as therein provided, may purchase the same on
behalf of the holders of said mortgage debt, and thereupon
shall take a conveyance of said property from said trus-
tees, and shall hold the same in trust for and on account
of said holders, but absolutely in fee, and free from every
right and equity of redemption of the mortgagor. Imme-
diately after such sale and purchase on behalf of the holders
of said mortgage debt, said Aldrich, Perkins and Woods,
or any two of them, shall, l)y notices published three times
a week, for three successive weeks, in one or more news-
papers published in the city of Boston, call a meeting of
the holders of said mortgage debt, to be held at said Boston,
which notices shall state the time, place and object of said
meeting. At said meeting, which shall be presided over
by said Aldrich, Perkins and Woods, or any one of them,
the holders of said mortgage debt, or such of them as
may be present at said meeting, shall organize a corpo-
ration, under a corporate name, to be called the Central
Massachusetts Railroad Company, and with a capital stock
equal to the aggregate of said mortgage debt, the unpaid
interest thereon, the interest becoming due on the tirst
day of July in the year eighteen hundred and eighty-three,
and the existing capital stock of said Massachusetts Cen-
tral Railroad Company ; shall make proper by-laws for
the government of said new corporation, and shall elect
thirteen directors, who shall serve until their successors

Shares of one
hundred dol-
lars each.

Proviso.

Property may
be purchased
by holders of
mortgage debt

New corpora-
tion may be or-
ganized uuder
the name of tlie
Central Massa-
chusetts Rail-
road Company.

Thirteen direc-
tors to be
chosen.

376

1883. — Chapter 64.

Prpferrpd slock
to be issued.

Dividends.

Scrip certifi-
cates to be is-
sued for
amounts of
debt less tban
one luindred
dollars.

Capital stock.

Powers and
duties.

shall be chosen, pursuant to such by-laws. At said meet-
ing each holder of said mortgage debt shall be entitled to
one vote, either in person or by proxy, for each one
hundred dollars of the principal of said mortgage debt
held by him, and for each one hundred dollars of overdue
and unpaid interest thereon, interest becoming due on
the first day of July in the year eighteen hundred and
eighty-three to be reckoned as overdue. The directors
so elected shall, as soon as practicable after the organi-
zation of said new corporation, issue preferred stock and
common stock of said corporation, to be divided into
shares of one hundred dollars each, to the amounts and
in the manner following : To each holder of said mortgage
debt there shall be issued in payment thereof, preferred
stock, at par, to the amount of the principal of said debt
held by him, and of the overdue and unpaid interest there-
on, interest becoming due on the first day of July in the
year eighteen hundred and eighty-three to be reckoned as
overdue. Said preferred stock shall be entitled to divi-
dends not exceeding eight per cent, in each year, payable
semi-annually, in preference and priority to the common
stock ; and until two semi-annual dividends have been so
paid in any one year, shall have the exclusive right to
elect the directors of said new corporation, and to vote at
corporate meetings, and shall have the entire control and
management of said corporation.

For amounts of said mortgage debt less than one hun-
dred dollars, scrip certificates shall be issued, convertible
into said preferred stock upon presentation of the same
in sums of one hundred dollars. To each holder of the
common stock of said Massachusetts Central Eailroad
Company, there shall be issued upon the surrender there-
of, common stock of the said new corporation to an equal
amount, share for share, provided that the same be so sur-
rendered within three months from the date of said meeting.
The aggregate of the capital stock so issued, shall consti-
tute the capital stock of said new corporation, and shall be
treated as fully paid up stock to all intents and purposes.

Section 4. The corporation organized under the pro-
visions of the preceding section shall have all the rights,
franchises, powers and privileges at any time granted to
or vested in, and shall be subject to all the debts, duties,
liabilities, including claims for land damages, and restric-
tions imposed upon said Massachusetts Central Railroad

1883. — Chapter 6L

377

Company. Said Aldrich, Perkins and Woods, or any
two of them, shall convey to the said new corporation all
the property purchased l)y them" from the trustees under
the mortgage, first indemnifying themselves and paying
said trustees therefrom for all services, expenses and
liabilities rendered or incurred by either themselves or .
said trustees in connection with the said corporations and
mortgaged property. Immediately upon the completion
of the organization of the said new corporation it shall
file in the office of the secretary of the Commonwealth a
copy of its proceedings in making such organization,
attested by its president and clerk, and under its cor-
porate seal ; and such certificate, or a certified copy there-
of, shall be conclusive evidence of the establishment of
said corporation.

Section 5. The Massachusetts Central Railroad Com-
pany, or, if a new corporation shall be organized under
the third section of this act, then said Central Massachu-
setts Railroad Company is hereby authorized to locate,
construct, operate and maintain an extension of its rail-
road, with one or more tracks, from a point in the town
of Palmer, through said town and the towns of Wilbraham,
Chicopee, West Springfield, Agawam, Westfield, South-
wick, Russell, Granville, Blandford, Tolland, Sandisfield,
Otis, Monterey, Great Barrington and Egremont, and
the city of Plolyoke, or any of them, to a point in the
boundary line between this Commonwealth and the state
of New York, or to any intermediate point on said route,
and such extension shall be located and constructed in
conformity to the provisions of chapter one hundred and
twelve of the Public Statutes : provided, that no portion
of said extension shall be opened for business until said
railroad as already located shall be completed and in
operation to Northampton.

Section 6. For the purpose of completing and equip-
ping said railroad as already located, and of locating, con-
structing and equipping the extension thereof herein
authorized, and in lieu of any further issue of capital
stock, or an}' subscriptions to the same, said Massachu-
setts Central Railroad Company, or said new corporation,
may issue bonds, to run for a period not exceeding twenty
years, and secured by mortgage of its franchise and prop-
erty, or any part thereof. Such bonds shall be issued in
conformity with the provisions of chapter one hundied

Property to be
conviyeilto new
corpuration.

Certificate to be
filed ill Becre-
tary"e office upon
completion of
orgiuiizalion.

May construct
road from the
town of Palmer
to the line of
the state of
New York.

May issue
bonds.

378

1883. — Chapter 64.

May unite, and
make leases
and contracts
•with other
railroads.

Power and lia-
bility of new
corporation.

Capital stock
not to exceed
existing capital
and funded
debt.

and twelve of the Public Statutes, but shall not exceed in
amount twenty-tive thousand dollars per mile for each
mile of road already located or hereby authorized to be
located ; provided, however, that not more than two mil-
lion dollars in amount thereof shall be issued for the pur-
pose of completing and equipping said railroad as already
located ; and that for the purpose of locating, constructing
and equipping said railroad, or any part thereof as the
same may be extended under the authority herein given,
such an amount of said bonds shall be issued as shall be
approved by the board of railroad commissioners.

Section 7. The Massachusetts Central Eailroad Com-
pany, or if a new corporation shall be organized under
the third section of this act, then said Central Massachu-
setts Railroad Company, is hereby authorized to make,
with the Poughkeepsie, Hartford and Boston Railroad
Company, a corporation existing under the laws of the
state of New York, and its successors, or with any other
railroad corporation, whether within or without this Com-
monwealth, whose railroad now, or shall hereafter, con-
nect with the Massachusetts Central Railroad as already
located, or the Central Massachusetts Railroad, or with
either of said railroads, as it may be extended under the
authority herein given, such leases or operating contracts,
or such consolidations and corporate unions as the direc-
tors of each corporation concerned may agree to, and as
may be approved by a majority in interest of the stock-
holders of each, at a meeting or meetings called for the
purpose. In the event of a consolidation being formed
under the authority of this section, the new corporation
thereby created shall have, hold and possess all the pow-
ers, privileges, rights, franchises, property, claims and
demands which, at the time of their union may be held by
both or all of the corporations so uniting ; and shall be sub-
ject to all the duties, restrictions and liabilities to which,
at the time of such union, either of the corporations so
imiting is subject, and shall be subject to all the general
laws which now are or hereafter may be in force relative
to railroad corporations. The capital of said new corpo-
ration shall not exceed in amount the existing capital stock
and funded debt of the uniting corporations ; and of such
capital stock there shall be preferred stock not to exceed
the amount of such funded debt ; and said new corpora-
tion, if otherwise duly authorized, shall have the same

1883. — Chapters 65, 66.

379

power to issue bonds, and secure them by mortgage of its
property, as if chartered solely under the laws of this
Commonwealth.

Section 8. This act shall take effect upon its passage.

Ajjproved March 23, 18S3.

An Act relating to the tenure of office of railroad and (JJicip. 65

STEAMBOAT POLICE.

Be it enacted, etc., as follows:

Section fifteen of chanter one hundred and three of the Railroad and

-r-k 1 • 1 /< /Y> /• •! 1 Steamboat po-

Public Statutes, relatmg to the tenure ot oince ot railroad iicetohoid
and steamboat police, is hereby amended by striking out apiwintment is
the first clause ending with the word " appoint'Cfl," and '■*^^o^«''-
inserting in place thereof the following words: "Such
police officers shall be sworn before any justice of the
peace and shall hold their offices until their appointment
is revoked by the mayor and aldermen of the city, or by
the selectmen of the town, where they are appointed."

Apj^roved March 23, 1883.

Name and pur-
pose.

An Act to incorporate the ashwood cemetery association in (Jhap. 66

THE TOAVN of WEYMOUTH.

Be it enacted, etc., asfolloivs:

Section 1. E. Atherton Hnnt, Charles P. Hunt, corporators.
Nathaniel F. T. Hunt, Richard A. Hunt, Granville E.
Field, Edmund S. Hunt, EHas Richards and William H.
Chipman, their associates and successors, are made a cor-
poration by the name of the Ashw^ood Cemetery Associa-
tion, for the purpose of managing, improving and con-
trolling the orrounds situated in one enclosure on Broad
and Front streets in the town of Weymouth, set apart by
the Union Religious Society in the towns of Weymouh
and Braintree for the burial of the dead.

Section 2. The said corporation may acquire and hold
real and personal estate to an amount not exceeding ten
thousand dollars, and shall have all the rights and privi-
leges and be subject to all the duties, restrictions and
liabilities contained in general laws which now are or
hereafter may be in force relating to similar corporations,
except as herein otherwise proviclcd.

Section 3. The said Union Religious Society is au- Grounds on
thorized to transfer and convey said grounds on Broad and Froilt sTrcets
Front streets to the said Ashwood Cemetery Corporation ^eywuo^cem.

Real and per
soual estate.

380 1883. — Chapters 67, 68.

i^'Jj'y '^"'■P'""'*" when organized, provided that a majority of the members
of said society shall vote so to do, after being duly noti-
fied of the time and place of the meeting called for such
intended action.

Section 4. This act shall take effect upon its passage.

Approved March 23, 1883.

Cluq-). 67

An Act to revive an act to incorporatk the great north-
ern RAILROAD COMPANY AND TO EXTEND THE TIME WITHIN
WHICH THE CORPORATIONS THEREIN NAMED MAY AVAIL THEM-
SELVES OF THE RIGHTS THEREIN GRANTED.

Be it enacted, etc., as follows :

Oharter revived. Sectiox 1. Chapter four hundred and fifty-nine of the
acts of eighteen hundred and sixty-nine, approved June
twenty-three, eighteen hundred and sixty-nine, is hereby
revived, and the time within which the corporations therein
named may avail themselves of the rights and privileges
therein granted is extended six years from the jjassage of
this act.

Time extended SECTION 2. The corporatious therein named shall havG

for execution of ,,.,,, .. .'■... c 4.U £

leases. the right at any time within six years from the passage oi

this act to execute such leases of their franchises and prop-
erty to any other railroad corporation as may be approved
by the stockholders of the contracting corporations at
meetings duly called for that purpose ; such contracting
corporations, so far as chartered by this Commonwealth,
complying with all its general laws.

Section 3. This act shall take effect upon its passage.

Approved March 24, 1883.
Chap. 68 An Act to change the name of the broadway orthodox

CONGREGATIONAL SOCIETY OF SOMERVILLE.

Be it enacted, etc. , as follows :
Name changed. Section 1. The name of the Broadway Orthodox Con-
gregational Society of Somerville, a religious society organ-
ized under the general laws on the twenty-third day of
June in the year eighteen hundred and sixty-nine, is
changed to the " Winter Hill Congregational Society."
Section 2. This act shall take effect upon its passage.

Approved March 24, 1883.

1883. — Chapters 69, 70, 71.

381

An Act to repeal " an act to empower the inhabitants of CllCip. 69

THE town of PLYMOUTH TO CHOOSE A BOARD OF HEALTH, AND
FOR REMOVING AND PREVENTING NUISANCES IN SAID TOWN."

Be it enacted^ etCf asfoUoivs:

Section 1. The act entitled " An Act to empower the Repeal,
inhabitants of the town of Plymouth to choose a Board of
Health, and for removing and preventing nuisances in said
town," approved February twenty-seventh in the year
eighteen hundred and ten, is repealed.

Section 2. This act shall take effect upon its passage.

Approved March 24, 1883.

An Act to change the name of the beverly insurance com- (Jhcip. 70

PANY IN BEVERLY TO THE MERCHANTS INSURANCE COMPANY OF
BOSTON, AND TO AUTHORIZE SAID CORPORATION TO INCREASE
ITS CAPITAL STOCK.

Be it enacted, etc., as follows :

Section 1. The Beverly Insurance Company, in Bev- Name changed.
erly, shall hereafter be called the " Merchants Insurance
Company, of Boston."

Section 2. Said corporation shall hold meetings,
elect officers, and transact all other business in Boston, in
the same manner and with the same effect as though the
original location of said corporation had been in Boston.

Section 3. Said corporation under the name of the
Merchants Insurance Company is hereby authorized to
increase its capital stock to an amount not exceeding five
hundred thousand dollars.

Section 4. This act shall take effect upon its passage.

Approved March 24, 1883.

May transact
business, etc.,
in Boston.

Capital stock
increased.

An Act to establish the polls and estates of the several (JJian. 71

CITIES and towns IN THE COMMONWEALTH. ^

Be it enacted, etc., as follotvs :

Section 1. The number of polls, the amount of prop- Basis of appor-
erty, and the tax of one thousand dollars, including polls stateTnd county
at one-tenth of a mill each, for each city and town in the '^^''*'
several counties of the Commonwealth, as contained in
the schedule hereto annexed, are hereby established, and
shall constitute a basis of apportionment for state and
county taxes during the decade ending in the year eigh-
teen hundred ninety-two, or until another is made and
enacted by the legislature, to wit : —

382

1883. — Chapter 71.

Polls, Propekty, and Apportionment of State and County
Tax of $1,000.

Barnstable

County.

BARNSTABLE COUNTY.

Tax of $1,000,

includg Polls

TOWNS.

Polls.

Property.

at one-tenth
of a mill each.

Barnstable, . . . .

1,137

$3,288,203 00

$1 85

Brewster,

245

1,190,365 00

Chatham,

610

732,995 00

Dennis, .

782

1,398,053 00

Eastham,

190

224,039 00

Falmouth,

672

3,754,805 00

2 04

Harwich,

809

1,006,212 00

Mashpee,

106,138 00

Orleans, .

351

577,729 00

Provincetown,

1,262

1,953,198 00

1 15

Sandwich,

810

1,854,336 CO

1 06

Truro, .

260

259,110 00

Wellfleet,

511

924,340 00

Yarmouth,

525

1,593,025 00

Total,

•

8,266

$18,862,548 00

$10 75

Berkshire
County.

BERKSHIRE COUNTY.

Adams,

1,683

$3,077,789 00

$1 78

Alford, .

113

267,610 00

Becket, .

292

384,043 00

Cheshire,

342

784,689 00

Clarksburg, .

180

198,793 00

Dalton, .

462

1,643,099 00

Egremont,

246

421,390 00

Florida, .

123

153,211 00

Great Harrington , .

1,113

2,872,974 00

1 62

Hancock,

176

422,569 00

Hinsdale,

436

766,393 00

Lanesborough,

348

582,845 00

Lee,

1,001

1,991,869 00

1 15

Lenox, .

460

1,448,552 00

Monterey,

158

254,506 00

Mount Washington,

69,789 00

New Ashlbrd,

86,335 00

New Marlborough,

446

669,903 00

North Adams,

3,049

4,768,560 00

2 82

Otis,

199

219,712 00

Peru,

124

123,865 00

Pittsfield,

3,370

8,605,789 00

4 87

Richmond,

280

462,852 00

1883. — Chapter 71.

383

BERKSHIRE COUNTY — Concluded.

Berkshire
County.

Tax of $1,000,

includ'g Polls

TOWNS.

Polls.

Property.

at one-tenth
of a mill each.

Sandisfield

245

$382,228 00

$0 23

Savoy,

165

199,301 00

Sheffield,

541

1,003,998 00

Stockbridge, .

551

2,809,505 00

1 53

Tyringham, .

133

246,933 00

Washington, .

117

201,024 00

West Stockbridge,

476

771,118 00

William stown,

751

1,647,084 00

Windsor,

160

208,278 00

Total,

17,729

$37,746,496 00

$21 65

BRISTOL COUNTY.

Bristol County.

Acushnet, . . . .

268

$673,223 00

$0 38

Attleborough,

3,446

6,253,300 00

3 11

Berkley, .

273

434,241 00

Dartmouth,

758

2,259,338 00

1 27

Dighton,

417

793,845 00

Easton, .

1,068

4,080,595 00

2 26

Fairhaven,

741

1,628,772 00

Fall River,

12,881

43,171,771 00

24 02

Freetown,

357

880,073 00

Mansfield,

717

1,167,203 00

New Bedford,

7,340

31,241,697 00

17 18

Norton, .

436

850,434 00

Raynham,

393

1,023,915 00

Rehoboth,

479

750,925 00

Seekonk,

300

696,867 00

Somerset,

687

1,206,200 00

Swanzey,

343

808,140 00

Taunton,

5,833

16,920,007 00

9 49

Westport,

654

1,420,499 00

Total,

37,291

$115,261,045 00

$64 42

DUKES COUNTY.

Chilraark, ....

154

$247,045 00

$0 15

Cottage City, ....

172

1,206,900 00

Edgartown, ....

383

862,901 00

Gay Head, ....

13,153 00

Gosnold,

206,884 00

Tisbury,

405

705,900 00

Total, ....

1,176

$3,242,783 00

$1 82

Dukes County.

384

1883. — Chapter 71.

Essex County.

ESSEX COUNTY.

Tax of $1,000,

includ'g Polls

TOWNS.

Polls.

Property.

at one-tenth
of a mill each.

Amesbury, ....

1,111

$1,569,835 00

eo 94

Andover,

999

5,053,079 00

2 76

Beverly, .

2,159

10,170,780 00

5 57

Boxford, .

225

655,285 00

Bradford,

719

1,338,230 00

Danvers,

1,611

3,761,596 00

2 14

Essex,

461

963,121 00

Georgetown,

663

1,018,494 00

Gloucester,

3,681

9,897,446 00

5 58

Groveland,

527

880,771 00

Hamilton,

230

662,433 00

Haverhill,

5,089

11,918,280 00

6 78

Ipswich,

884

2,097,482 00

1 19

Lawrence,

10,115

26,670,644 00

15 05

Lynn,

11,465

25,056,583 00

14 34

Lynnfield,

195

564,496 00

Manchester,

434

3,827,635 00

2 06

Marblehead,

2,083

3,964,927 00

2 30

Merrimac,

702

1,169,368 00

Methuen,

1,141

2,777,610 00

1 68

Middleton,

251

527,771 00

N ah ant, .

165

6,524,446 00

3 45

Newbury,

353

1,059,405 00

Newburyport,

3,343

8,321,954 00

4 72

North Andove

932

2,620,179 00

1 47

Peabody,

2,317

7,188,290 00

4 02

Rockport,

982

2,077,044 00

1 19

Rowley, .

352

545,095 00

Salem, .

7,076

27,765,824 00

15 33

Salisbury,

1,125

2,227,043 00

1 29

Saugus, ,

627

1,368,602 00

Swampscott,

612

3,955,202 00

2 14

Topsfield,

313

766,875 00

Wenham,

260

540,277 00

West Newbury,

544

1,159,471 00

Total

63,746

$180,665,573 00

$101 50

Franklin FRANKLIN COUNTY.

County.

Ashtield, ....

295

1465,242 00

$0 27

Bernardston, .

233

452,021 00

Buckland,

522

514,715 00

Charlemont, .

266

337,207 00

Col rain, .

430

630,828 00

Conway, .

398

743,250 00

Deerfield,

820

1,267,481 00

Erving, .

279

303,825 00

1883. — Chapter 71.

385

FRANKLIN COUNTY — Concluded.

Friinklin
County.

Tax of SI, 000,

includ'g Polls

TOWNS.

Polls.

Property.

at one-tenth
of a mill each.

Gill,

216

$433,922 00

$0 25

Greenfield,

1,206

3,300,159 00

1 86

Hawlev, •

171

150,654 00

Heath, .

148

175,660 00

Leverett, .

206

268,536 00

Leyden, .

107

212,016 00

]\Ionroe, .

35,122 00

Montague,

1,296

2,823,642 00

1 62

New Salem,

230

314,965 00

Northfield,

406

698,832 00

Orange, .

1,185

1.739,037 00

1 03

Rowe,

142

165,298 00

Shelburne,

430

871,429 00

Shutesbury,

121

153,413 00

Sunderland,

203

410,185 00

Warwick,

207

298,187 00

Wendell,

132

181,962 00

Whatiily,

275

440,124 00

Total,

9,965

$17,387,712 00

$10 15

HAMPDEN COUNTS.

ITarnpflcn
County.

Agawam,
Blandf(n-d,
Brimfield,
Chester, .
Chicopee,
Granville,
Hampden,
Holland, .
Holyoko, .
Longmeadow,
Ludlow, .
Monson, .
Montgomery, .
Palmer, .
Russell, .
Southwick,
Springfield,
Tolland, .
Wales, .
Westfield,
West Springfield,
Wilbraham, .

Total,

590
259
308
398

2,276

316

270

5,717

459

373

934

1,373
200
289

9,177
105
263

2,085

1,069
351

26,958

$1,289,
315,
504
496

5,501

364,

438,

114

13,794

1,187,
770.

1,621,
134,

2,436,
444,
610,
38,053,
179
373

6,445

3,334
729

,442 00
,838 00
,794 00
,343 00
,366 00
,856 00
,196 00
,179 00
,102 00
,317 00
,548 00
,636 00
,487 00
,540 00
,043 00
,922 00
,100 00
,721 00
,278 00
,626 00
,201 00
,470 00

$79,170,005 00

$0 74
21
30
30

3 12
22
26
07

7 83
67
44
95
08

1 42
25
35
20 95
11
22

3 60

1 86
42

114 37

386

1883. — Chapter 71,

Hampshire
Couiity.

HAMPSHIRE COUNTY.

Tax of $1,000,

includ'g Polls

TOWXS.

Polls.

Property.

at one-tenth
of a mill each.

Amherst, ....

946

$2,686,660 00

$1 51

Belch ertown, .

580

1,053,966 00

Chesterfield, .

202

301,129 00

Cummington, .

239

349,900 00

Eastharapton, .

814

2,510,867 00

1 40

Enfield, .

306

765,999 00

Goshen, .

129,232 00

Granby, .

203

454,553 00

Greenwich,

159

266,081 00

Hadlev, .

483

1,217,675 00

Hatfield, .

364

1,072,533 00

Huntinpton, .

331

484,839 00

Middlefield, .

135

343,971 00

Northampton,

2,720

8,449,441 00

4 72

Pel ham, .

140

167,246 00

Plainfield,

150

165,780 00

Prescott, .

138

185,812 00

South Hadley,

918

1,929,923 00

1 11

Southampton,

276

512,667 00

Ware,

1,254

2,272,512 00

1 32

Westhampton,

129

272,133 00

Williamsburg,

540

981,972 00

Worthington, .

232

321,502 00

Total, ....

11,356

$26,896,393 00

$15 28

Mifiinpsex

MIDDLESEX COUNTY.

County.

Acton

527

$1,304,610 00

$0 74

Arlington,

1,082

5,287,661 00

2 89

Ashbj, .

280

503,981 00

Ashland, .

690

1,362,629 00

Ayer,

564

1,072,180 00

Bedford, .

242

786,221 00

Belmont,

446

3,255,397 00

1 76

Billerii-a,

508

1,955,451 00

1 08

Boxborough,

107

260,875 00

Burlington,

179

507,005 00

Cambridge,

13,922

54,125,010 00

29 89

Carlisle, .

160

390,098 00

Chelmsford,

640

1,718,914 00

Concord, .

899

3,501,295 00

1 93

Dracut, .

404

1,175,260 00

Dunstable,

130

,321,934 00

Everett, .

1,275

4.782,803 00

2 65

Framingham,

1,710

5,857,242 00

3 26

Groton, .

494

3,294,096 00

1 78

Holliston,

826

1,744,813 00

1 00

Hopkinton,

1,193

2,339,925 00

1 35

Hudson, .

1,078

1,945,521 00

1 13

1883. — Chapter 71.

387

MIDDLESEX COUNTY —Concluded.

Middlesex
County.

Tax of Sl,0O0,

includ'g Polls

TOWNS.

Polls,

Property.

at one-tenth
of a mill each.

Lexington, . . . .

708

$2,615,150 00

$1 45

Lincoln, .

257

1,397,008 00

Littleton,

271

789,397 00

Lowell, .

15,328

49,710,399 00

27 71

Maiden, .

3,513

11,602,396 00

6 46

Marlborough,

2,627

3,935,471 00

2 33

]\Iaynard,

660

1,680,344 00

Medtord,

1,958

8,517,180 00

4 68

Melrose, .

1,292

3,962,449 00

2 22

Natick, .

2,058

4,667,839 00

2 66

Newton, .

4,502

29,705,781 00

16 09

N orth Reading

213

519,210 00

Pejiperell,

728

1,586,662 00

Beading, .

851

2,444,570 00

1 37

Sherborn,

303

870,725 00

Shirley, .

321

753,570 00

Somerville,

6,717

23,700,228 00

13 15

Stoneham,

1,356

3,065,362 00

1 75

Stow,

294

964,936 00

Sudbm-y,

381

1,089,233 00

Tewksbury,

393

1,182,599 00

Town send,

596

1,118,447 00

Tyngsborough

)

167

378,680 00

Wakefield,

1,559

3,763,486 00

2 14

Waltham,

3,.S46

10,078,480 00

5 64

Watertown,

1,467

8,167,098 00

4 45

Wayland,

512

1,271,538 00

Westford,

630

1,133,975 00

Weston, .

398

2,271,472 00

1 24

Wilmington,

284

571,348 00

Winchester,

833

4,027,054 00

2 20

Woburn,

3,358

8,484,615 00

4 80

Total,

85,137

$293,519,623 00

$163 05

Nantucket,

NANTUCKET COUNTY.

910

$2,741,793 00

$1 53

Nantucket
County.

NORFOLK COUNTY.

Bellinghana, ....

330

$584,853 00

$0 34

Braintree,

1,067

3,328,766 00

1 86

Bi'ookliue,

2,128

29,283,034 00

15 G3

Canton, .

995

3,401,873 00

1 89

Cohasset,

589

3,330,087 00

1 81

Dedham, .

1,559

5,898,238 00

3 26

Dover,

186

485,468 00

Foxborough,

719

1,562,482 00

Fi-anklin,

895

1,899,308 00

1 09

Norfolk
County.

388

1883. — Chapter 71.

Norfolk
County.

NORFOLK COUNTY

— Concluded.

Tax of $1,000,

includ'g Polls

TOWNS.

rolls.

Property.

at one-tenth
of a mill each.

Holbrook

• 678

$1,480,040 00

$0 85

Hyde Park, .

2,005

4,759 320 00

2 71

Medfield,

861

], 2 15,454 00

Medway,

999

1.698,557 00

Milton, .

871

12,347,903 00

6 59

Needham,

647

1,793,899 00

1 01

Norfolk, .

188

394,140 00

Norwood,

741

1,975,037 00

1 11

Quincy, .

2,878

7,997,680 00

4 60

Randoljoh,

1,206

2,525,319 00

1 45

Sharon, .

348

1,170,418 00

Stoughton,

1,360

2,201,197 00

1 30

Walpole,

645

1,439,847 00

Wellesley,

594

3,565,770 00

1 94

Weymouth,

3,036

6,371,748 00

3 66

Wrentham, . ■

684
25,709

1,339,170 00

Total, ....

$102,049,508 00

$56 30

Plymouth
County.

PLYMOUTH COUNTY.

Abington, ....

1,093

$1,898,755 00

$1 11

Bridgewater, .

1,022

2,420,598 00

1 38

Brockton,

4,723

8,971,073 00

5 20

Carver, .

219

604,671 00

Duxbury,

686

1,289,969 00

East Bridgewater,

810

1,621,772 00

Halifax, .

162

260,489 00

Hanover,

617

1,243,171 00

Hanson, .

350

572,699 00

Hingham,

1,201

3,804,325 00

2 12

Hull,

125

1,549,695 00

Kingston,

484

2,010,259 00

1 11

Lakeville,

266

609,034 00

Marion, .

248

860,880 00

Marshfield, .

507

1,131,565 00

Mattapoisett, .

337

1,435,320 00

IMiddleborough,

1,500

3,020,441 00

1 74

Pembroke,

426

673,234 00

Plymouth,

1,796

4,992,301 00

2 81 .

Plyrapton,

170

300,295 00

Rochester,

249

479,426 00

Rockland,

1,343

2,283,243 00

1 34

Scituate, .

609

1,364,500 00

South Abington,

978

2,275,104 00

1 30

South Scituate,

482

1,182,701 00

Wareham,

567

1,256,413 00

West Bridgewater,

451

976,257 00

Total,

21,211

$48,988,190 00

$27 95

1883. — Chapter 71.

389

SUFFOLK COUNTY.

Suffolk County.

TOWNS.

Polls.

Property.

Tax of $1,000,
iuclud'g Polls
at one-tenth
of a mill each.

Boston,

Chelsea,

Revere,

Winthrop, ....

102,578

6,328

698

267

$712,433,381 00

17,078,877 00

2,607,964 00

1,692,557 00

$385 37
9 63
1 44.
92

Total, ....

109,871

$733,812,779 00

$397 36

WORCESTER COUNXY.

Ashburnham, . . . .

477

$982,773 00

$0 57

Athol, .

1,208

2,437,811 00

1 40

Auburn, .

281

501,594 00

Barre,

686

1,549,494 00

Berlin, .

259

495,260 00

Blackstone,

1,279

2,089,982 00

1 23

Bolton, .

254

517,940 00

Boj'lston,

211

511,314 00

Brookfiekl,

858

1,302,834 00

Charlton,

560

1,074,029 00

Clinton, .

2,122

5,191,234 00

2 95

Dana,

203

263,297 00

Douglas, .

713

1,048,700 00

Dudley, .

562

955,749 00

Fitchburg,

4,020

11,313,163 00

6 36

Gardner, .

1,871

2,702,525 00

1 61

Grafton, .

1,070

2,159,397 00

1 24

Hardwick,

678

1,174,894 00

Harvard,

343

985,514 00

Holden, .

633

1,016,783 00

Hubbardston,

. 385

779,472 00

Lancaster,

451

2,770,-392 00

1 50

Leicester,

712

1,862,317 00

1 05

Leominster,

1,699

3,998,127 00

2 28

Lunenburg,

319

728,650 00

Mendon, .

290

620,039 00

Milford, .

2,459

6,526,252 00

3 16

Millbury,

1,120

2,184,175 00

1 26

New Braintree,

174

477,962 00

Northborough,

431

1,171,415 00

Northbridge, .

1,092

2,758,383 00

1 56

North Brookfiekl,

1,235

1,947,360 (0

1 15

Oakham, .

236

348,988 00

Oxford, .

704

1,449,507 00

Paxton, .

169

276,696 00

Petersham,

296

617,962 00

Phillipston,

160

289,581 00

Princeton,

307

913,487 00

Royalston,

368

817,205 00

Rutland, .

268

486,856 00

Shrewsbury,

417

1,063,151 00

■Worcester
County.

390

1883. — Chaptek 71.

Worcester
County.

WORCESTER COUNTY — Concluded.

Tax of $1,000,

includ-g Polls

TOWNS.

Polls.

Property.

at one-tenth
of a mill each.

Southborough,

541

$1,391,487 00

$0 79

Southbridge, .

1,474

3,2«8,471 00

1 88

Spencer, .

1,881

3,564,300 00

2 06

Sterling, .

380

953,978 00

Sturbridge,

578

1,065,186 00

Sutton, .

722

1,381,522 00

Templeton,

837

1,223,905 00

Upton, .

516

857,428 00

Uxbridge,

805

2,145,934 00

1 21

Warren, .

1,130

2,226,348 00

1 29

Webster, .

1,343

2,466,428 00

1 43

WestI)orough,

1,300

2,712,779 00

1 56

West Boy Iston,

726

1,172,550 00

West Brookfiekl,

497

873,234 00

Westminster, .

461

833,145 00

Winchendon, .

1,107

1,940,556 00

1 13

Worcester,

17,641

49,756,155 00

27 96

Total,

63,519

$147,215,670 00

$83 87

Recapitulation
by counties.

RECAPITULATION BY COUNTIES.

Barnstable, ....

8,266

$18,862,548 00

$10 75

Berkshire,

1-7,729

37,746,496 00

21 65

Bristol, .

37,291

115,261,045 00

64 42

Dukes, .

1,176

3,242,783 00

1 82

Essex,

63,746

180,665,573 00

101 50

Franklin,

9,965

17,387,Tl2 00

10 15

Hampden,

26,958

79,170,005 00

44 37

Hampshire,

11,356

26,896,393 00

15 28

Middlesex,

85,137

293,519,623 00

163 05

Nantucket,

910

2,741,793 00

1 53

Norfolk, .

25,709

102,049,508 00

56 30

Plymouth,

21,211

48,988,190 00

27 95

SutTolk, .

109,871

733,812 779 00

397 36

Worcester,

63,519

147,215,670 00

83 87

Total,

482,844

$1,807,560,118 00

$1,000 00

Section 2. This act shall take effect upon its passage.

Approved March 24, 1883.

1883. — Chaptees 72, 73. 391

An Act to authorize the town of westfield to issue new CllCip. 72

WATER BONDS.

Be it enacted^ etc., asfolloios:

Section 1. The town t)f Westfield is authorized to May issue new
issue new bonds, signed b}'^ the treasurer of said town and
countersigned by the chairman of the board of water
commissioners, to be denominated "Westfield Water
Bonds," to an amount not exceeding one hundred thou-
sand dollars, payable at periods not exceeding twenty
years from the first day of April in the year eighteen hun-
dred and eighty-four, with interest payable semi-annually
at a rate not exceedins: six per cent, per annum ; and said Bonds may be

11 • 1 l" J 4- IT • I 1 sold at public or

town may sell said bonds at public or private sale, or private sale.
pledge the same for money borrowed, upon such terms
and conditions as it may deem proper, for the purpose of
paying bonds issued by said town under the authority of
chapter three hundred and twenty-two of the acts of the
3'ear eighteen hundred and seventy-three, which become
due on the first day of April aforesaid, to the amount of
one hundred thousand dollars, and may raise money by
taxation to pay said bonds and interest thereon when due.

Section 2. The town before the bonds are issued Payment to be

• 1 f ^ • •! T provided for be-

shall provide for their payment either according to the fore bonds are

. . • • issued

provisions of section twelve of chapter twenty-nine of the
Public Statutes or according to the provisions of chapter
one hundred and thirty-three of the acts of the year
eighteen hundred and eighty-two ; but said town shall
not raise more than ten thousand dollars in any one year
towards payment of the principal of said bonds except
the year in which the same or any part thereof may be-
come due. ApiJroved 31arch 24, 1883.

An Act relative to the recohuing of mortgages of per- (JJiap. 73

SONAL property. ^

Be it enacted, efc, asfolloios:

Chapter one hundred and ninety-two of the Public Recording mon-
Statutes is amended by striking out the first and second fSpropmy.
sections thereof and substitutino; the following: — " Sec-
tion 1. Mortgages of personal property shall be recorded
on the records of the city or town where the mortgagor
resides when the mortgage is made, and on the records of
the city or town in Avhich he then principally transacts his
business or follows his trade or calling. If the mort- when the mort-
gagor resides out of the Commonwealth, his mortgage of out of the com-
personal property which is within the Commonwealth when "^ouweaith.

392

1883. — Chaptees 74, 75.

Until recorded
not valid against
other than
parties to mort-
gage.

the mortgage is made, shall be recorded on the records of
the city or town where the property then is. Every mort-
gage of personal property shall be recorded within fifteen
days from the date written in such mortgage, and when
such a mortgage is required to be recorded in two different
places, and is recorded in one of such places within said
fifteen days, it may be recorded in the other within ten
days from the date of the first record. Section 2. Un-
til a mortgage of personal property has been recorded
as provided in the preceding section, it shall not be valid
against any person other than the parties thereto, unless
the mortgaged property is delivered to and retained by
the mortgagee ; and any record of a mortgage made sub-
sequently to the times limited in said section shall be void
and of no effect." Approved March 24, 1883.

Chap.

Taxation of for-
eign mining,
quarrying and
oil companies.

74 An Act in relation to the taxation of foreign mining,
quarrying and oil companies.

Be it enacted, etc., as folloivs :

Section 1. Section four of chapter one hundred and
six of the acts of the year eighteen hundred and eighty-
two, relating to the payment by foreign mining, quarrying
and oil companies of taxes upon their capital stock, is
amended by striking out the words " as standing fixed "
in the fifth and sixth lines, and inserting in place thereof
the words " paid in in cash or otherwise or called in by
assessment or instalment."

Section 2. This act shall take efi'ect upon its passage.

Approved March 24, 1883.

CllCtp. 75 -^ -^CT RELATIVE TO THE DISTRICT COURT OF HAMPSHIRE AND
^ ' THE SALARY OF THE JUSTICE THEREOF.

Salary of justice.

Terms of court
at Cummington.

To take effect
May 1, 1883.

Be it enacted, etc., asfoUotvs:

Section 1. The salary of the justice of the district
court of Hampshire shall be twenty-three hundred dollars
per annum.

Section 2. The terms of said court now required to
be held in the town of Cummington may be held or not,
in the discretion of said justice.

Section 3. This act shall take effect upon the first
day of May in the year eighteen hundred and eighty-
three. Approved March 24, 1883.

1883. — Chapters 76, 77, 78.

393

Chap. 76

Taking fish in
North River
regulated.

An Act in addition to an act to regulate the taking of

FISH IN north river IN THE COUNTY OF PLYMOUTH.

Be it enacted, etc., as folloios:

Section 1. Whoever sets a seine or casts a mesh net
in the North River in Plymouth County, or whoever by
seine or mesh net takes any lish from said North River,
except such persons as have authority so to do under
chapter forty-four of the acts of the year eighteen hun-
dred and eighty-one, shall be pnnished for each offence
by a tine not less than twenty-five dollars nor more than
one hundred dollars, or by imprisonment in the house of
correction not less than one nor more than three months.

Section 2. Section four of chapter forty-four of the Amencimentto
acts of the year eighteen hundred and eighty-one is hereby '
amended by inserting after the word " fish," in the second
line, the words " from two o'clock in the morning until
sunset." Approved March 24, 1883.

Chap. 77

taining books,
etj., for 30 days
after notice
given.

An Act to prevent the wilful detention of books, news-
papers, MAGAZINES, PAMPHLETS, OR MANUSCRIPTS OF CERTAIN
LIBRARIES.

Be it enacted, etc., as follows:

Section 1. Whoever wilfully and maliciously or wan- Penalty for de-
tonly and without cause detains any book, newspaper,
magazine, pamphlet, or manuscript belonging to a law,
town, city or other public or incorporated library, for
thirty days after notice in writing, from the librarian of
such library, given after the expiration of the time which
by the regulations of such library such book, newspaper,
magazine, pamphlet, or manuscript may be kept, shall be
punished by a fine of not less than one nor more than
twenty-five dollars, or by imprisonment in the jail not ex-
ceeding six months.

Section 2. The notice required by the foregoing sec- Notice to con
tion shall bear upon its foce a copy of this act. am copy o

Section 3. This act shall take effect upon its passage.

Approved Ilarch 24, 1888.

copy of this

An Act to provide for the discharge or temporary release Chap. 78

OF inmates of institutions for the insane. ■'■

Be it enacted, etc., as follows :

Section 1. The board of trustees of any of the state Discharge of in-
lunatic hospitals or of the Massachusetts General Hospi- ulnaUc h"oTpitai8
tal may by vote confer on the superintendent of the hos- ^y^^^p*-*""'*^"^-
pital or asylum under their control, authority to discharge

394

1883. — Chapters 79, 80.

Temporary ab-
sence from hos-
pital by per-
mission of
euperiatendent.

therefrom any inmate thereof committed thereto as an
insane person, provided due written notice of intention so
to discharge shall be sent by said superintendent to the
person or persons who originally signed the petition for
the commitment of such inmate.

Section 2. Said superintendent may also, when he
shall deem it advisable, permit any such inmate to leave
the hospital or asylum temporarily in charge of his guar-
dian, relatives or friends, for a period not exceeding sixty
days, and receive him when returned by such guardian,
relatives or friends within such period, without any fur-
ther order of commitment. Approved March 24, 1883.

Chap. 79 An Act relating to the commissioners of the public lands

FUND.

Be it enacted, etc., as follows:

Section 1. So much of the commissioners of public
lands fund established by section three of chapter two
hundred of the acts of the year eighteen hundred and
sixty, as is not required to meet special appropriations for
filling the Back Bay lands, shall be reserved and managed
as a sinking fund to be applied to the redemption at matu-
rity of the scrip authorized by section two of chapter one
hundred seventy-one of the acts of the year eighteen hun-
dred and seventy-six, commonly called the harbor im-
provement loan.

Section 2. This act shall take effect upon its passage.

Approved March 24, 1883.

Sinking fund for
harbor improve-
ment loan.

Chap. 80

Clerk to be ap-
pointed.

Salary.

Subject to laws
applicable to
clerks, except,
etc.

Not to attend
other than at
Northampton
unless requested
by justices.

An Act providing for a clerk for the district court of
hampshire.

Be it enacted, etc., as follows:

Section 1. There shall be a clerk for the district
court of Hampshire who shall be appointed in accordance
with the provisions of law relating to the appointment of
clerks of police and district courts, and who shall enter
upon his duties on the first day of May in the year eighteen
hundred and eighty-three.

Section 2. Said clerk shall receive from the county
of Hampshire an annual salary of six hundred dollars.

Section 3. Said clerk shall be subject to all the pro-
visions of law applicable to clerks of police and district
courts except as provided in the following section.

Section 4. Said clerk shall not attend the sessions of
said court held at any other places than Northampton

1883. — Chapters 81, 82.

395

unless requested so to do by the justice thereof. When
said clerk is not so requested, the justice shall keep a rec-
ord of the proceedings had before him, which he shall
transmit to said clerk to be entered by him upon the
docket and records of said court. Said justice shall also
account with and pay over to the said clerk all lines, costs
and fees received by him.

Section 5. Said clerk shall have power to receive
complaints and issue warrants returnable to said court,
and also to take bail iu cases pending therein.

Section 6. This act shall take effect upon its passage.

Approved March 24, 1883.

When not re-
quested, record
to be kept by

justice.

May receive
complaints,
issue warrants
and take bail.

An Act for the better protection of property of certain (JJiar). 81

LIBRARIES. -^

Be it enacted^ etc., asfoUoivs:

Section 1. Section seventy-nine of chapter two hun- Penalty for de.
dred and three of the Public Statutes is hereby amended so cmafn libra hTs.
as to read as follows : — Whoever wilfully and maliciously
or wantonly and without cause writes upon, injures, de-
faces, tears or destroys a book, plate, picture, engraving,
map, newspaper, magazine, pamphlet, manuscript, or
statue belonging to a law, town, city or other public or
incorporjvted library, shall be punished by a fine of not
less than five nor more than fifty dollars, or by imprison-
ment in the jail not exceeding six months.

Section 2. This act shall take effect upon its passage.

Approved March 24, 1883.

An Act to authorize the city of haverhill to construct
a wharf and a bridge over little river.

Be it enacted, etc., as follows:

Section 1. The city of Haverhill may construct a
wharf at the outlet of Little Kiver, between Washington
Square and the Merrimack River in said city, and may
extend the same southerly from the stone abutment on
the southerly side of said square a distance not exceeding
two hundred and fifty-five feet or to such a line as may
be established as a harbor line for said city ; may construct
a stone bridge over said Little River for a part or the whole
of said distance, and may close and discontinue any high-
ways or landings thereon, except the highway, if any, on
the westerly side of said Little River : provided, said city
shall construct and maintain a slip or landing at the Mer-
rimack River, with access thereto from said Washington

ChajJ. 82

City of Haver-
hill may con-
struct a wharf at
outlet of Little
River.

M.ay construct a
stone bridge.

Proviso.

396

1883. — Chapters 83, 84.

Bridge may be
erected when
authorized by a
majority vote.

Repeal of 1882,
202.

Square, convenient for public use ; but all constructions
and extensions shall be subject to the provisions of chap-
ter nineteen of the Public Statutes.

Section 2. This act shall not authorize the erection of
any structure on the premises mentioned in section one
except such as may be necessary in the construction of said
wharf and slip or landings, until a majority of the voters
of said city, present and voting thereon at a legal meet-
ting called for the purpose, shall vote in favor thereof.

Section 3. Chapter two hundred and two of the acts
of the year eighteen hundred and eighty-two, entitled
" An Act to authorize the city of Haverhill to construct a
wharf and a bridge over Little River," is hereby repealed.

Section 4. This act shall take effect upon its passage.

Approved March 24, 1883.

Cliajp. 83

May sell its real
estate in Boston

May hold real
estate in any
part of Boston.

An Act concerning the proprietors of the meeting-house

IN HOLLIS street, IN BOSTON.

Be it enacted, etc., asfolloios:

Section 1. The Proprietors of the Meeting-house in
Mollis Street, a corporation established in Boston by an
act passed on the fourth day of March in the year eighteen
hundred and nine, may sell at private sale or public auc-
tion, and convey, without responsibility on the part of
the purchaser or purchasers for the application of the
purchase money, any real estate which it now holds in
Boston, and may execute and deliver any conveyances
necessary to complete such sales.

Section 2. Said corporation may hereafter acquire
and hold by purchase or otherwise, and occupy for the
purposes for which it was incorporated, real estate in any
part of the city of Boston, and may continue to enjoy its
existing rights, privileges and immunities, except so far
as it may have parted with the same under the provi-
sions of this act.

Section 3. This act shall take effect upon its passage.

Approved March 27, 1883.

Chap. 84

May notify
workmen by
ringing bells,
etc., with ap-
proval of select-
men, etc.

An Act permitting municipal officers to authorize manu-
facturers TO ring bells and use WHISTLES AND GONGS FOR
THE BENEFIT OF THEIR WORKMEN.

Be it enacted, etc., as follows:

Section 1. Manufacturers and others employing work-
men are authorized, for the purpose of giving notice to
such employees, to ring bells and use whistles and gongs

1883. — Chapteks 85, 86, 87.

397

Chap. 85

of such size and weight, in such manner and at such hours
as the board of aldermen of cities and the selectmen of
towns may in writing designate.

Section 2. This act shall take effect upon its passage.

Approved March 28, 1883.

An Act to ratify and confirm a contract between the
quannafowitt water company and the town of stone-
HAM.

Be it enacted, etc., asfolloius:

Section 1. The contract made between the Quanna- contract be.
powitt Water Company, a corporation established by nlpowlu'' water
chapter three hundred and thirty-five of the acts of the fhrtowfof""^
year eighteen hundred and seventy-two, and the town of stoneham, ratu
Stoneham, bearing date the twenty-sixth day of January
eighteen hundred and eighty-three, whereby said water
company agrees to construct water works and supply
water to the inhabitants of the town of Stoneham, and
allow the towns of Stoneham and Wakefield to purchase
the franchise and water works of said water company, on
certain terms and conditions named in said contract, is
ratified and confirmed.

Section 2. This act shall take efi'ect upon its passage.

Approved March 29, 1883.

An Act in relation to the universalist publishing house.
Be it enacted, etc., as follows :

Section 1. The Universalist Publishing House, in-
corporated by chapter two hundred and eighty-six of the
acts of the year one thousand eight hundred and seventy-
two, is hereby authorized to furnish, from the profits of
its business, pecuniary aid to the religious organizations
of the Universalist denomination.

Section 2. This act shall take effect upon its passage.

Approved March 29, 1883.

An Act to authorize the mayor and aldermen of somer-

VILLE to construct A SEWER IN CAMBRIDGE AND CRESCENT
STREETS IN BOSTON.

Be it enacted, etc., as follows:

Section 1. The mayor and aldermen of the city of
Somerville are hereby authorized to construct and main-
tain a common sewer which shall extend from any point
in Pearl street or Crescent street in Somerville through
any portion ot said streets, or either of them, into Cres-

ChajJ. 86

May aid Uni-
versalist reli-
gious organiza-
tions.

Chap. 87

Mayor and
aldermen of
Somerville may
maintain a
sewer tli rough
Charlestown
district in Bos
ton.

398

1883. — Chapter 88.

AssesBtnents for
betterments.

cent street and Cambridge street in that part of Boston
formerly known as Charlestown, and thence into Wash-
ington street in Somerville, so as to connect with the
present main drain or common sewer in the last named
street.

Section 2. The mayor and aldermen, under the pro-
visions of chapter fifty of the Public Statutes, may assess
a proportional part of the charge of such construction
upon such estates in Somerville as are benefited thereby ;
which assessments shall constitute a lien on the estates
assessed and be enforced in the manner provided in said
chapter and with the same rights reserved to persons ag-
grieved by such assessments as are therein provided.

Section 3. This act shall take effect upon its passage.

Approved March 29, 1883.

Chax^. 88

Corporators.
Name and pur-

Powers and
duties.

Real and per-
sonal estate.

Gifts, grants,
etc., to be de-
voted to pur-
poses, for which
made.

An Act to incorporate the ames free library of easton.
Be it enacted, etc., as foUoivs:

Section 1. Frederick L. Ames, Cyrus Lothrop, Wil-
liam L. Chaffiu, George W. Kennedy and Lincoln S.
Drake, trustees under the will of Oliver Ames, deceased,
and holding property, real and personal, under said will,
for the purpose of maintaining a free public library in the
town of Easton, and their successors in said trust, are
hereby made a corporation under the name of the Ames
Free Library of Easton, with all the powers and privi-
leges and subject to all the duties, restrictions and liabil-
ities set forth in all general laws which now are or here-
after may be in force applicable to such corporations.

Section 2. Said corporation may hold real and per-
sonal property for the purpose aforesaid to the amount of
one hundred thousand dollars. All gifts, devises, bequests
and grants to said corporation, shall be devoted to such
purposes, and used in conformity with and held upon the
conditions, upon which such gifts, devises, bequests or
grants have been or may hereafter be made : provided,
that such conditions are not inconsistent with the provi-
sions of this act.

Section 3. This act shall take effect upon its passage.

Approved March 29, 1883.

1883. — Chapters 89, 90, 91.

399

An Act to confirm certain proceedings of the attlebor- QJid^^^ 39

OUGH WATER SUPPLY DISTRICT IN ATTLEBOROUGH. J-

Be it enacted, etc. , as follows :

Section 1. The meetinors heretofore held by the inhab- Proceedings

O 1T--A1 conbrmed and

itants of the Attleborough water supply district lu Attle- made valid.
borough, under and by virtue of chapter two hundred
and seventy-one of the acts of the year eighteen hundred
and seventy-three and the by-laws of said district, the
votes and proceedings of said meetings, and all bonds
and contracts authorized by said act and by vote of any
such meetings, are hereby ratified, confirmed and made
valid so far as the same may have been invalid or de-
fective because the records of said meetings do not show —

First, That the meetings of said district have always
been called and warned strictly in conformity with the
provisions of said act and the by-laws of said district.
Second, That said act was accepted by two-thirds of the
voters present and voting thereon as required by said act.
Third, That the clerks of said district were always duly
sworn to the faithful discharge of their duties.

Section 2. This act shall take efiect upon its passage.

Approved March 29, 1883.

Chap. 90

An Act regulating the disposition of the surplus of the

COAST defence LOAN SINKING FUND.

Be it enacted, etc., asfoUoivs:

Section 1 . The provisions of section one of chapter one coast defence
hundred sixty-six of the acts of the year eighteen hundred fu^id."'^''"'^
and sixty-eight, entitled " An Act in relation, to certain
sinking funds of the Commonwealth," are hereby extended
and shall govern the disposition of the surplus, if any, of
the fund created by said section after the extinguishment
of the debt which it was created to secure.

Section 2. This act shall take effect upon its passage.

Appi'oved March 29, 1883.

An Act relating to the duties of assessors of taxes.
Be it enacted, etc., as follows:

Section 1. The returns and copies of assessors' books, Returns, and
required by sections fifty-four and fifty-five of chapter twibook-rtobe
eleven of the Public Statutes to be deposited by the asses- omcTof the se^*:
sors in the ofiice of the secretary of the Commonwealth, retaryofthe

• 1 n ^^ /-1' /•! Commonwealth.

shall hereafter be deposited as follows : Copies of the
assessors' books shall be deposited as required on or before

Chap. 91

400

1883. — Chapters 92,93.

Proviso.

the first day of October in the year eighteen hundred and
eighty-three and in every third year thereafter ; and in
such years the secretary of the Commonwealth shall fur-
nish to the cities and towns duplicate copies of the blank
books required for this purpose. And the other returns
specified in said sections shall be so deposited on or before
the first day of October in each year : provided, that in
the case of the city of Boston all said returns may be de-
posited in the ofiice of the secretary on or before the first
day of November in the several years respectively.

Section 2. This act shall take effect upon its passage.

Approved March 29, 1883.

Chap. 92

City may con-
struct a bridge
across Taunton
Great River.

May take land
or other prop-
erty.
Damages.

An Act to authorize the city of taunton to construct a
bridge across taunton great river.

Be it enacted, etc., as folloios:

Section 1. The city of Taunton is hereby authorized,
subject to the provisions of chapter nineteen of the Pub-
lic Statutes, to construct and maintain a safe and conven-
ient bridge across Taunton Great River from a point at or
near Dean's wharf, so called, on Dean street in said Taun-
ton, to a point opposite or nearly opposite on the south-
erly bank of said river ; and the said city of Taunton is
further authorized to do such acts as may be necessary or
convenient in the premises to provide for public travel
over said bridge and for the navigation of said river at
said bridge.

Section 2. Said city may take such land or other
property as it may deem necessary to carry into full effect
the provisions of the preceding section ; and any person
injured in his property under this act and failing to agree
with said city as to the amount of damages may have the
same assessed and determined in the same manner as is
provided where land is taken for highways.

Section 3. This act shall take effect upon its passage.

Approved March 29, 1883.

Chap. 93

Applications for
granting of
licenses to sell
intoxicating
liquors.

An Act relating to applications for, and the granting of

LICENSES to sell INTOXICATING LIQUORS.

Be it enacted, etc., asfolloivs:

Section 1. In any city or town which has voted, or
which may hereafter vote, in accordance with section five
of chapter one hundred of the Public Statutes, to author-
ize the granting of licenses for the sale of intoxicating
liquors for the year commencing on the first day of May

1883. — Chapters 94,95.

401

following, the licensing board of such city or town may,
during the months of March and April preceding said
first day of May, receive applications for such licenses,
publish, investigate and act upon, such applications, and
may, during the said month of April, grant any such li-
cense to take eflect on the said first day of May.

Section 2. This act shall take effect upon its passage.

\_The foregoing was laid before the Governor on the twenty-
third day of March, 1883, and after five days it had the ^'- force
of a laiv" as prescribed by the Constitution, as it was not re-
turned by him with his objections within that time.']

Licenses may
be granted in
April to take
eflect in May.

An Act to authorize the city of fitchburg to issue addi (JJiaj). 94

TIONAL water SCRIP. . ^ *

Be it enacted, etc., as follows:

Section 1. The city of Fitchburg, for the purposes May issue ad-
mentioned in section nine of chapter ninety-five of the Bcrip!"
act& of the year eighteen hundred and seventy, may issue
notes, scrip or certificates of debt, signed by the treasurer
and countersigned by the mayor, to be denominated on
the face thereof " Fitchburg Water Scrip," to an amount
not exceeding one hundred thousand dollars in addition to
the amounts heretofore authorized by law to be issued by
the town of Fitchburg and the said city, for the same
purposes ; said notes, scrip or certificates of debt to be
issued upon the same terms and conditions and with the
same powers as are provided in said act for the issue of
the " Fitchburg Water Scrip," by the town of Fitchburg :
provided, that the whole amount of such notes, scrip or whoie amount
certificates of debt issued by said city, together with those $500,000^'^'''^^
issued by said town for the same purposes, shall not in
any event exceed the amount of five hundred thousand
dollars.

Section 2. This act shall take effect upon its passage.

Apjyroved March 30, 1883.

Cliaj). 95

An Act to authorize the city of new Bedford to issue

ADDITIONAL water BONDS.

Be it enacted, etc., as folloios:

Section 1. The city of New Bedford, for the purposes May issue ad-
mentioned in section eleven of chapter one hundred and ^oud"?'^^'"
sixty-three of the acts of the year eighteen hundred and
sixty-three, may issue from time to time scrip, notes or
certificates of debt, to be denominated on the face thereof
"Water Bonds of the City of New Bedford," to an

402

1883. — Chapters 96, 97.

Whole amount
not to exceed
$1,050,000.

amount not exceeding two hundred and fifty thousand dol-
lars in addition to the amounts heretofore authorized by
law to be issued by said city for the same purposes ; said
scrip, notes or certificates to be issued upon the same
terms and .conditions, and with the same powers as are
provided in said chapter one hundred and sixty-three for
the issue of the " Water Bonds of the City of New Bed-
ford," by said city : provided, that the whole amount of
such scrip, notes or certificates issued by said city,
together with those heretofore issued by said city for the
same purposes, shall not in any event exceed the amount
of ten hundred and fifty thousand dollars.
. Section 2. This act shall take efiect upon its passage.

Approved March 30, 1883.

Chap. 96

May make ad-
ditional water
loan.

Whole amount
not to exceed
$125,000.

Chap. 97

Clerk to be ap-
pointed.

An Act to authorize the town of concord to make an
additional water loan.

Be it enacted, etc., as foUoivs:

Section 1. The town of Concord, for the purposes
mentioned in section four of chapter one hundred and
eighty-eight of the acts of the year eighteen hundred and
seventy-two, may issue notes, bonds or scrip, to be
denominated on the face thereof " Concord Water Loan,"
to an amount not exceeding twenty-five thousand dollars
in addition to the amounts heretofore authorized by law
to be issued by said town for the same purposes ; said
notes, bonds or scrip to be issued upon the same terms
and conditions and with the same powers as are provided
in said act for the issue of the " Concord Water Loan,"
by s'aid town : provided, that the whole amount of such
notes, bonds or scrip issued by said town, together with
those heretofore issued by said town for the same purposes,
shall not in any event exceed the amount of one hundred
and twenty-five thousand dollars.

Section 2. This act shall take effect upon its passage.

Ajjproved March 30, 1883.

An Act providing for a clerk for the second district
court ok eastern middlesex.

Be it enacted, etc., as folloios:

Section 1. Hereafter there shall be a clerk of the
second district court of eastern Middlesex, who shall be
appointed in accordance with the provisions of law relat-
ing to the appointment of clerks of district courts, and
who shall enter upon the discharge of his duties on the

1883. — Chapters 98,99.

403

first day of May in the year eighteen hundred and eighty
three.

Section 2. Said clerk shall be subject to all the pro
visions of law applicable to clerks of district courts.

Section 3. Said clerk shall receive from the county saiary.
of Middlesex an annual salary of four hundred dollars.

Section 4. This act shall take effect upon its passage.

Ajjproved March 30, 1883.

Subject to law
applicable to
clerks of district
courts.

An Act relating to the name of co-operative saving fund
and loan associations.

Be it enacted, etc., as foUotvs :

Section 1. Section three of chapter one hundred and
seventeen of the Public Statutes, relative to the name of
co-operative saving fund and loan associations, is hereby
amended by striking out the words " co-operative saving
fund and loan association," in the fourth line and inserting
in phice thereof the words " co-operative bank."

Section 2. The title of said chapter one hundred and
seventeen of the Public Statutes is hereby amended by
striking out the words " Saving Fund and Loan Associa-
tions," and inserting in place thereof the word " Banks."

Section 3. The names of all co-operative saving fund
and loan associations heretofore organized are hereby
changed by striking out in each the words " Saving Fund
and Loan Association," and inserting in place thereof the
word " Bank," and they shall hereafter be known as " Co-
operative Banks."

Section 4. The first and second sections of this act
shall take effect upon its passage, and the third section
upon the first day of July in the year eighteen hundred
and eighty-three. Approved March 30, 18S3.

Chap. 98

" Co-operative
saving fund and
loan associa-
tions " to be
known as " co-
operative
banks."

Public Statutes
117. Title
amended.

Co-operative
Banks.

Third section to
take effect July
1, 1883.

An Act in relation to the custody of the archives of
maine lands.

Be it enacted, etc., as follows:

Section 1. The secretary of the Commonwealth shall
have the custody of the books of records of grants and con-
veyances of lands formerly held by the Commonwealth of
Massachusetts and now situated within the limits of the
state of Maine, and of all other books and records relat-
ing to said lands, which are now required by law to be
kept in the oflSce of the board of harbor and land com-

Chap. 99

Books relating
to Maine lands
to be kept in the
office of the sec
retary of the
Commonwealth.

401

1883. — Chapteks 100, 101, 102.

missio tiers ; aucl the same shall hereafter be kept in the
office of the secretary.

Section 2. This act shall take effect upon its passage.

A2)proved March 30, 1883.

Chap

Return to be
made to the sec-
retary of the
Commonwealth
of the accept-
ance or rejection
of certain Acts
and Resolves.

.100 ^^ ^'^^ REQUIRIXG MUNICIPAL OR OTHER CORPORATIONS TO MAKE
RETURNS OF THE ACCEPTANCE OR FAILURE TO ACCEPT CERTAIN
ACTS AND RESOLVES.

Be it enacted, etc. , as follows :

When an act or resolve takes effect upon its acceptance
by a municipal or other corporation, a return of the vote
or action taken thereon shall be made by the clerk of such
municipal or other corporation, within thirty days of such
vote or action, to the secretary of the Commonwealth ;
and when a time is prescribed in such act or resolve with-
in which it may be accepted and the act or resolve is re-
jected or no action is taken thereon within the time so
prescribed, a return stating such rejection, or a return
that no action has been taken, shall be so made within
thirty days after the time so prescribed has elapsed.

Approved March 30, 1883.

Chap

Time extended,
within which
real estate taken
for taxes, may
be sold.

IQI An Act relating to the time within which a city or town

SHALL SELL REAL ESTATE HELD UNDER A SALE OR TAKEN FOR
NON-PAYMENT OF TAXES.

Be it enacted, etc., as folloios:

Section fifty-eight of chapter twelve of the Public Stat-
utes, relating to a sale of property held by a city or town
under a sale or taken for taxes, is hereby amended by
striking out the word " forthwith," in the fourth line and
inserting in place thereof the words "within two years
thereafter." Approved March 30, 1883.

Cha2).'l02

Disorderly con-
duct on public
conveyances.

An Act to punish persons guilty of disorderly conduct on
steamboats and other public conveyances.

Be it enacted, etc., as follows:

Whoever in or upon a steamboat, railroad carriage or
other public conveyance is disorderly, or disturbs or an-
noys travellers in or upon the same by profane, obscene
or indecent language, or by indecent behavior, shall be
punished by imprisonment in the jail not exceeding thirty
days or by fine not exceeding fifty dollars.

Approved March 30, 1883.

1883. — Chapters 103, 104

405

An Act in relation to the bridge across the merrimack CJl(ip.\03

RIVER IN the town OF TYNGSBOROUGH.

Be it enacted, etc., asfolloios:

Section 1. The town of Tyngsborough is hereby re-
leased and exempted from all obligation to maintain the
bridge which was constrncted across the Merrimack River
in said town, in obedience to the requirements of chapter
one hundred and ninety-nine of the acts of the year
eighteen hundred and seventy-one ; and the county of
Middlesex shall hereafter maintain the same.

Section 2. This act shall take effect upon its passage.

Approved March 30, 1883.

Town exempted
from mainte-
nance of bridge.

County to main-
tain bridge.

An Act to establish a harbor line along a portion of the

water front of the city of HAVERHILL ON THE MERRIMAC
RIVER.

Be it enacted, etc., asfolloivs:

Section 1. The following described line along a por-
tion of the water front of the city of Haverhill on the
Merrimac River, is hereby established as a harbor line
beyond which no wharf, pier or other structure shall be
extended into or over the tide waters of said river.
The said line begins at the south-westerly corner of the
wharf known as Chase's wharf, said corner being also at
the end of the easterly side line of city landing number
eleven and distant, as said side line runs, about one hun-
dred and eighty-seven feet and eight inches from the south-
erly side of Water street ; and thence runs westerly in a
straight line to the south-easterly corner of the wharf
known as Sargent and Holden's wharf, said corner being
about one hundred and ninety-two feet distant southerly
from the southerly side of Merrimac street ; thence west-
erly in a straight line to the south-westerly corner of John
C. Tilton's wharf, said corner being about one hundred
and ninety-two feet and two inches distant southerly from
the southerly side of said Merrimac street ; thence west-
erly in a straight line to the south-easterly corner of Al-
pheus Currier's wharf, said corner being about two hun-
dred and forty-four feet distant southerly from the south-
erly side of Washington street ; thence westerly in a
straight line to the south-easterly corner of the stone abut-
ment at the northerly end of the Boston and Maine Rail-
road bridge across said Merrimac River.

Section 2. Nothing in this act shall be construed as
authorizing the construction or extension of any wharf,

Chap.104:

Harbor line es-
tablished.

Wharf or other
structure not
authorized.

406

1883. — Chapters 105, 106, 107.

Chap.im

Agricultural
experiment sta-
tion to make
annual report to
board of agri-
culture.

Chap.XOQ

Proceedings
confirmed.

Chap.107

When liabilities
are satisfied,
securities may
be returned.

pier or other structure, or as givino: or confirmino; a risrht to
malntaiu any structure, iu or over the tide waters of the
said Merrimac River, or as reviving or extending any
grant or license heretofore made or given ; and any license
heretofore given to build or extend any structure beyond
the harbor line established by this act is hereby revoked.
Section 3. This act shall take effect upon its passage.

Approved March 30, 1883.

An Act relating to the annual report of the board of
control of the agricultural experiment station.

Be it enacted, etc., as follows:

The board of control of the agricultural experiment sta-
tion shall annually, in the month of January, make a de-
tailed report to the state board of agriculture of all moneys
expended by its order, and of the results of the experiments
and investigations conducted at said station, with the
name of each experimenter attached to the report of his
own work. Approved March 30, 1883.

An Act to confirm certain proceedings of school district

NUMBER eighteen IN ATTLEBOROUGH.

Be it enacted, etc., as follows:

Section 1. The proceedings of the meetings of the
legal voters of school district number eighteen in Attle-
borough are ratified and confirmed so far as the saraie may
have been defective and invalid for the reason that the
warrants calling said meetings were not posted in the places
required by the by-laws of said district.

Section 2. This act shall take effect upon its passage.

Approved March 30, 1883.

An Act in relation to deposits made by foreign insurance
companies with the treasurer of the commonwealth.

Be it enacted, etc., as follows:

Section 1. Whenever it shall be made to appear to
the insurance commissioner that a foreis^n insurance com-
pany which has made a deposit with the treasurer of the
Commonwealth under the provisions of section two hun-
dred and eighteen of chapter one hundred and nineteen of
the Public Statutes or of any act of which that section
is a substitution or continuation, has satisfied all liabilities
to policy holders in the United States for whose benefit
such deposit was made, the commissioner shall certify
such fact to the treasurer of the Commonwealth, who shall

1883. — Chapter 108.

407

thereupon deliver to the trustees of such company in the
United States in whom its property in the United States
is vested, the securities and property in which such de-
posit with him is made.

Section 2. The treasurer of the Commonwealth with
the consent of the insurance commissioner may frorn time
to time at his discretion, at the request of any such com-
pany or of its trustees in the United States entitled to
such deposit, change the securities in which such deposit
is made for any other securities of equal amount, in par
value, in which insurance companies organized under the
the laws of the Commonwealth are by law at the time of
such change authorized to invest their capital, and the
securities so substituted shall be subject to the same
trusts as the securities for which they are substituted.

Section 3. An insurance company which has made a
deposit with the treasurer of the Commonwealth under the
provisions of said section two hundred and eighteen or of
any act of which that section is a substitution or continu-
ation, the trustees as aforesaid of any such company, or
its resident manager in the United States, or the insurance
commissioner of the Commonwealth may at any time
bring in the supreme judicial court for the county of Suf-
folk a suit in equity against the Commonwealth and other
necessary parties to enforce, administer, or terminate the
trust created by the making of such deposit. The process
in such suit shall be served on the treasurer of the Com-
monwealth, who shall appear and answer in its behalf and
perform such orders and decrees as the court may make
therein.

Section 4. This act shall take effect upon its passage.

Approved March 30, 1883.

Securities may
be changed by
treasurer upon
request of com-
pany.

Suit In equity
may be brought
to enforce or
terminate the
trust.

AND HOLD ADDITIONAL STOCK IN THE NEWBURYPORT AND AMES
BURY HOUSE RAILROAD COMPANY.

Be it enacted, etc., as folloivs ;

Section 1. The city of Newburyport is hereby author-
ized to purchase at par value and hold shares in the cap-
ital stock of the Newburyport and Amesbury Horse Rail-
road Company to an additional amount not exceeding
twenty thousand dollars, to pay for the same out of the
treasury of said city, and to hold the same as city
property subject to the disposition of the said city for pub-

Z Chap.lQS

City may take
additional
stock in the
Newburyport
and Amesbury
Uorse Railroad
Company.

408

1883. — Chapter 109.

Proviso.

May raise
money by loan
or tax.

Amount not to
exceed $20,000.

Mayor to repre-
sent the city in
clioice of direct-
ors, etc.

lie purposes in like manner as any other property it may
possess : provided, that two-thirds of the legal voters of
said city who may be present and voting thereon shall vote
so to do at any legal meeting called for the purpose by the
mayor and aldermen of said city within ninety days after
the passage of this act.

Section 2. Said city is hereby authorized to raise by
loan or tax the sum of money which may be required to
pay for such number of shares of said stock as it may pur-
chase agreeably to the provisions of section one of this
act.

Section 3. The said city by its mayor shall subscribe
for and purchase of said company in behalf of the said city
such additional number of shares in the capital stock of
said company, not to exceed said twenty thousand dollars,
as shall be voted by said city. And the mayor is hereby
authorized to cast the vote of the said city in the choice of
the directors of said company, and to appear and act in
behalf of said city in the transaction of any business of said
company so long as said city shall hold shares in said cor-
poration.

Section 4. This act shall take effect upon its passage.

Approved March 30, 1883.

Harbor line
changed.

(7A«jt).109 -^N ^'^'^ TO CHANGE A PORTION OF THE HARBOR LINE IN GLOUCES-
^' TER HARBOR.

Be it enacted, etc., asfolloivs:

Section 1. That portion of the harbor line in Glouces-
ter harbor which extends around Duncan's Point and along
the northerly side of Harbor Cove, is hereby changed and
established as follows : — Beginning at a point in the pres-
ent harbor line, where the same would be intersected by
extending the south-westerly side line of the wharf of the
Gloucester Gas Light Company ; thence running south-
westerly in a straight line to the north-westerly corner of
the wharf of Charles Parkhurst ; thence running south-
westerly in a straight line passing through the south-east-
erly corner of said last named wharf, to a point twenty
feet beyond said south-easterly corner ; thence running
north-westerly in a straight line drawn towards the south-
easterly corner of the wharf of David G. Allen, until it
Wharves, etc.. iutcrsects the prcscut harbor line. No wharf, pier or other
beyond^Hne'^s!*^ structurc shall hcrcaftcr be extended into or over the tide
tabiished. waters of said harbor beyond the line hereby established.

1883. — Chapters 110, 111.

409

Section 2. So much of chapter one hundred and twen- Repeal
ty-four of the acts of the year eighteen hundred and sixty-
six, and of chapter eighty-two of the acts of the year eigh-
teen hundred and seventy-five, as establishes a different
harbor line between the points of intersection aforesaid, is
hereby repealed.

Section 3. Nothing in this act shall be construed to
authorize the construction or extension of any wharf, pier
or other structure, or to give or confirm a right to main-
tain any structure in said harbor, or to renew or extend
any grant or license heretofore made or given ; but this
act sliall be held to revoke any grant or license, which by
law is revocable, to do any act or to build any structure in
or over the tide waters of said harbor upon that part of
the harbor frontage and inside of the line covered and
defined by this act.

Section 4. This act shall take efi'ect upon its passage.

Approved March 30, 1883.

Wharf or Qtlier
structure not
authorized to be
constructed or
extended.

Chap.UO

Amendment to
P. 8. 89, § 20.

An Act relative to the trial of juvenile offenders.
Be it enacted, etc. , as follows :

Section twenty of chapter eighty-nine of the Public Stat-
utes, relating to proceedings in the trial of juvenile
ofienders, is hereby amended by striking out all after the
word " respectively " in the thirteenth line, and adding in
the place thereof the following words : " And the court or
magistrate when of the opinion that such boy or girl should,
if the allegations contained in the complaint be true, be
sent to a public institution or committed to the custody of
the state board of health, lunacy and charity, shall cause
written notice of such complaint to be given by mail or
otherwise to the said board which shall have an opportu-
nity to investigate the case, attend the trial and protect
the interest of or otherwise provide for the child."

[T/ie foregoing loas laid before the Governor on the tioenty-
eighth day of March, 1883, and after fioe days it had the "-force
of a law," as prescribed by the Constitution, as itioasnot returned
by him with his objections within that time.'\

An Act to establish the salary of the justice of the muni-
cipal COURT of the west ROXBURY DISTRICT OF THE CITY OF

boston.
Be it enacted, etc.^ as follows:

Section 1. The justice of the municipal court of the Salary of jus-
West Roxbury District of the city of Boston from and

Chap.lll

tice.

410

1883. — Chapters 112, 113.

Repeal.

CJia2).112

Corporators.

Name and pur-
pose.

Chap.113

Boundary line
defined.

after the first day of January in the year eighteen hundred
and eighty-three shall receive an annual salary of sixteen
hundred dollars.

Section 2. So much of section sixty-four of chapter
one hundred and fifty-four of the Public Statutes as is in-
consistent with this act is repealed.

Section 3. This act shall take effect upon its passage.

[T/ie foregoing was laid before the Governor on the txoenty-
niidh clay of March, 1883, and after five days it had the '■'•force
of a law" as prescribed by the Constitution, as it was not returned
by him with his objections within that time.^

An Act to incorporate the hillside agricultural society.
Be it enacted, etc., as follows:

Section 1. Stephen Hay ward, Albert Ford, Alvan
Barrus, Franklin J. Warner, J. H. Eager and F. H Bry-
ant, their associates and successors, of the towns of Cum-
mington, Worthington, Chesterfield, Plainfield, Goshen,
Ashfield and Windsor," are hereby made a corporation
under the name of the Hillside Agricultural Society, to be
located at Cummington, for the encouragement of agricul-
ture, horticulture and the mechanical arts, by premiums
and other means, with the powers and privileges and sub-
ject to all the duties, restrictions and liabilities set forth in
all general laws which now are or may hereafter be in
force applicable to such corporations ; and said corporation
is hereby authorized to hold by gift, devise or otherwise,
real and personal estate to an amount not exceeding
five thousand dollars, for the purposes aforesaid.

Section 2. This act shall take effect upon its passage.

Approved April 7, 1883.

An Act to define the boundary line of tide water between

the commonwealth of MASSACHUSETTS AND THE STATE OF
RHODE ISLAND AND PROVIDENCE PLANTATIONS.

Be it enacted, etc., as follows:

Section 1. The boundary line of tide water between
the Commonwealth of Massachusetts and the state of
Rhode Island and Providence Plantations, is hereby located
and defined as follows : Beginning at the southerly end of
the boundary line of land between the said states, as the
same is now established by law, and thence running south-
erly, in a course across and at right angles with the shore
line, (which is a line drawn from the headland at Goose-
berry Neck, in the former state, to the headland at Warren's

1883. — Chapters 114, 115.

411

Point, in the latter state) , to a point in latitude 41° 25' 05",
longitude 71° 05' 28" and distant one marine league,
southerly, from the said shore line.

Section 2. This act shall take effect when the said
boundary line, as herein located and defined, has been ap-
proved and established by the general assembly of the
state of Rhode Island and Providence Plantations.

Approved April 7, 1883.

To take effect
when similar
act is passed by
Rhodelaland.

An Act to authorize the towk of stonehau to pay certain

bounties.

Be it enacted, etc. , as follows :

Section 1. The town of Stoneham is authorized, in the
manner provided in section two of this act, to raise by
taxation a sum of money not exceeding eleven thousand
dollars, and appropriate the same to the payment of a
bounty of one hundred and twenty-five dollars to each
soldier and the heirs of each deceased soldier who served
during the late war as part of the quota of said town, and
has never received any bounty from said town : provided,
that said town shall not be re-imbursed by the Common-
wealth for any money paid under authority of this act.

Section 2. At the annual election in November next
a vote may be taken on the question of raising such
money and appropriating the same to the payment of such
bounties. In taking the vote the check list shall be used.
The vote shall be by separate ballot, and the ballots shall
be "Yes" or "No" in answer to the question: "Will
the town pay a bounty of one hundred and twenty-five
dollars to each soldier and the heirs of each deceased sol-
dier who served during the late war as part of the quota
of said town, and has never received any bounty from the
town, and raise by taxation the sum of eleven thousand
dollars and appropriate the same to the payment of said
bounties?"

Section 3. This act shall take effect upon its passage.

Approved April 7, 1883.

Chap.lU

May pay boun-
ties to soldiers
and their heirs.

May raise
money by tax-
atioQ.

An Act to incorporate the trustees of the boston ecclesi-
astical seminary.

Be it enacted, etc., as follows:

Section 1. John J. Williams, William A. Blenkinsop,

Thomas H. Shahan and John Flatley, their associates and

successors, are constituted a body corporate by the name

Chap.115

Corporators.

412

1883. — Chapters 116, 117, 118.

May confer de-
grees in divinity
and philosophy.

Name and pur of The Boston Ecclesiastical Seminary, for the purpose
of establishing and maintaining, in or near the city of
Boston, an institution for the promotion of learning and
piety and especially for the education of young men for
. the priesthood in the Roman Catholic Church. Said cor-
poration shall have authority to confer the degrees con-
ferred by edncational institutions in divinity and philosophy
and may exercise the powers and shall be governed by the
provisions and be subject to the liabilities prescribed in
chapter one hundred and fifteen of the Public Statutes and
all general laws which now are or hereafter may be in force
relating to cor2:)orations for educational purposes.

Section 2. This act shall take effect upon its passage.

Approved April 7, 1883.

Chxip.WQ An Act relating to the investment of the funds of the

PROPRIETORS OF FOREST HILLS CEMETERY.

Be it enacted^ etc., as follows:

Section 1. The trustees of the proprietors of Forest
Hills Cemetery are hereby authorized to invest the funds in
their hands in any securities in which savings banks are
now authorized to invest.

Section 2. This act shall take effect upon its passage.

Approved April 7, 1883.

An Act to promote safety at railroad grade crossings.
Be it enacted, etc. , as follows :

At any point where a highway, town way or travelled
place is crossed at the same level by a railroad, the
board of railroad commissioners may, after notice to and
hearing of the railroad corporation whose road so crosses,
direct in writing that gates shall be erected across said
way or place, and that an agent be stationed to open and
close such gates when an engine or train passes, or that a
flagman be stationed at the crossing, who shall display a
flag whenever an engine or a train passes, and the corpor-
ation shall comply with such order.

Approved April 7, 1883.

Investment of
funds.

Chap.lll

Gates and flag-
men at railroad
grade crossings,
may be ordered
by railroad com-
missioners.

Chaplin

Pedlers licenses
may be granted,
without fee, to

An Act authorizing the secretary of the common"w^ealth
TO grant licenses for hawking and peddling to per-
sons over seventy years of age.

Be it enacted, etc., as follows:

Section 1. The secretary of the Commonwealth may

grant a special state or county license, in accordance

1883. — Chapters 119, 120.

413

with the provisions of chapter sixty-eight of the Public
Statutes, to any person seventy years of age or upwards,
without the payment of any sum therefor upon such per-
son filing iu his office a certificate, signed by the mayor
of the city or a majority of the selectmen of the town in
which such person resides, stating that to the best know-
ledge and belief of such mayor or selectmen the applicant
therein named is of good repute for morals and integrity
and is, or has declared his intention to become, a citizen
of the United States. The mayor or selectmen before
granting such certificate shall require the applicant to
make oath that he is the person named therein and that he
is, or has declared his intention to become, a citizen of the
United States, which oath shall be certified by a justice of
the peace and shall accompany the certificate.

Section 2. This act shall take efl:ect upon its passage.

Approved April 7, 1883.

An Act to authorize the town of milford to erect, furnish
and maintain a memorial hall, and borrow money therefor.

Be it enacted, etc., as foUoics:

Section 1. The town of Milford is authorized to erect,
furnish and maintain a Memorial Hall in memory of its
soldiers and sailors who died in the militaiy and naval
service of the United States during the late war : j^rovided,
said town shall at a legal meeting called for the purpose
at any time within two years from the passage of this act
vote so to do by a two-thirds vote of the voters present
and voting thereon.

Section 2. For the purposes aforesaid said town is
authorized to borrow a sum not exceeding twenty thou-
sand dollars for a period not exceeding five years, which
sum with the interest thereon shall be provided for by
taxation and paid at maturity.

Section 3. The provisions of chapter twenty-nine of
the Public Statutes shall apply to said town except so far
as they are inconsistent herewith.

Section 4. This act shall take effect upon its passage.

Approved April 7, 1883.

persons of
seventy years
and upwards.

Cha2?.U9

May erect a
Memorial Hall.

Proviso.

May borrow
$2U,0U0.

Provisions of
P. S. 29 not in-
consistent, to
apply.

An Act to provide for the punishment of persons present

AT games or sports IN COMMON GAMING HOUSES.

Be it enacted, etc., as follows:

Section ten of chapter ninety-nine of the Public Statutes,
relating to persons found playing and present at games or

Chap.120

Punish mcnt for
presence at
games, in com

414

1883. — Chapters 121, 122, 123.

mon gaming
houses.

May permit the
taking of tish ia
tidal waters of
Merrimack
River.

sports in common gaming houses, is amended by inserting
after the words " so playing," in the sixteenth line thereof
the words " or so present."

\_The foregoing was laid before the Governor on the fourth day
of April 1883, and after five days it had the '■'■force of a law"
as prescribed by the Constitution, as it was not returned by him
with his objections within that time.']

Ch(Xp.\21 An Act to authorize the commissioners on inland fisheries

TO ISSUE PERMITS FOR FISHING IN THE MERRIMACK RIVER.

Beit enacted, etc., as follows:

Seotiox 1. The commissioners on inland fisheries may
issue permits for the taking of any variety of fish in the
tidal waters of the Merrimack River and its tributaries,
the taking of which is now in any way prohibited by law.
Such permits shall be revocable at the discretion of said
commissioners, and no fee or consideration shall be
charged for the issuino; of the same.

Section 2. This act shall take effect upon its passage.

Approved April 11, 1883.

Chap.\22 An Act to exempt certain propertt op the arms library,

IN SUELBURNE, FROM TAXATION.

Be it enacted, etc., as follows:

The books of the Arms Library in Shelburne and the
other property held by the trustees of said library for the
benefit thereof shall be exempt from taxation to an amount
not exceeding ten thousand dollars in value.

Approved April 11, 1883.

Books, etc., to
be exempt from
taxation.

Chap.l2^

May make ad.
ditional 'water
loan.

Proviso.

An Act to authorize the town of northborough to make

an ADDITIONAL WATER LOAN.

Be it enacted, etc., as follows:

Section 1. The town of Northborough, for the pur-
poses mentioned in section four of chapter one hundred
and ninety-two of the acts of the year eighteen hundred and
eighty-two, may issue bonds, notes or scrip, to be denomi-
nated on the face thereof " Northborough Water Loan," to
an amount not exceeding ten thousand dollars in addition to
the amounts heretofore authorized by law to be issued by
said town for the same purposes ; said bonds, notes or scrip
to be issued upon the same terms and conditions, and with
the same powers as are provided in said act for the issue of
the "Northborough Water Loan," by said town: pro-
vided, that the whole amount of such bonds, notes or scrip
issued by said town, together with those heretofore issued

1883. — Chapters 124, 125. 415

by said town for the same purposes, shall not in any event
exceed the amount of sixty thousand dollars.

Section 2. This act shall take effect upon its passage.

Approved April 11, 1S83.

An Act relating to the removal and transportation of (77iar>.124

CERTAIN BODIES FOR BURIAL.

Be it enacted, etc., as follows:

Section 1. Section five of chapter thirty-two of the Removal of bod-

T-»iTr-i ii- jii 1 •! 1^1 T les for burial.

Pubhc Statutes, relating to the burial or removal ot bodies p. s. 32§5.
for burial, is amended by inserting in the eleventh line
thereof, after the word "bury," the words "or re-
move."

Section 2. No railroad corporation, or other common Removal of bod-

III J i T ies of persons

earner or person, snail convey or cause to be conveyed, who have died
through or from any city or town in this Commonwealth, aLeases!'^''"^
the remains of any person w^ho has died of small-pox,
scarlet fever, diphtheria, or typhoid fever, until such body
has been so encased and prepared as to preclude any
danger of communicating the disease to others by its
transportation ; and no local registrar or clerk shall give
a permit for the removal of such body until he has re-
ceived from the board of health of the city, or the select-
men of the town where the death occurred, a certificate,
stating the cause of death, and that said body has been
prepared in the manner set forth in this section, which
certificate shall be delivered to the agent or person who
receives the body.

Section 3. This act shall take efiect upon its passage.

Approved April 11, 1883.

An Act amending section one hundred and seventy-nine njinr) 125

OF chapter one hundred and twelve of the public STAT- J^'

utes, relating to color blindness of railroad employees.
Be it enacted, etc., as folloivs :

Section one hundred and seventy-nine of chapter one Examination of
hundred and twelve of the Public Statutes, relating to eosforcoi"? "^'
color blindness of railroad employees, is hereby amended ^''"<^"''^*-
by striking out the word " within," in the third line, and the
words "two years next preceding," in the fourth line ;
also in lines seven, eight and nine the words " and every
railroad corporation shall require such employee to be re-
examined, at its expense, at least once within every two
years." Approved April 11, 1883.

416

1883. — Chapters 126, 127, 128.

Cha2).12(j

Amount neces-
sary for re-insur-
ance of outstand-
ing rislis, to be
coMiputi-ci upon
a new basis.

An Act to change the basis upon avhich the insurance
commissioner shall compute the amount necessary to re-
INSURE outstanding RISKS OF MARINE INSURANCE COMPANIES.

Be it enacted^ etc., as follows:

Section 1. Section eleven of chapter one hundred and
nineteen of the Public Statutes is amended so as to read
as follows : " Section 11. When in determining the lia-
bilities of an insurance company, it is necessary to ascer-
tain the amount necessary to re-insure all its outstanding
risks, he shall compute the same by taking fifty per cent,
of the amount of premium written in its policies upon out-
standing fire and inland risks, and sixty per cent, of the
amount of premium written in its marine policies upon
yearly risks and risks covering more than one passage,
not terminated, and the full amount of premium written in
its policies upon all other marine risks not terminated."

Section 2. This act shall take eflfect upon its passage.

Apjrroved April 11, 1883.

Chap.

127 ■^'^ -'^CT DEFINING THE MEANING OF THE TERM
NESS " IN CERTAIN CASES.

NET INDEBTED-

The term " net
indebtedness,"
defined.

-Be it enacted, etc., as follows :

Section 1. The term "net indebtedness," used ot
city, town or district in any statute limiting or regulating
the investment of sinking, trust and other funds of the
Commonwealth, the deposits in savings banks and trust
companies or other like funds shall be construed to denote
the indebtedness of such city, town or district omitting
debt created for supplying the inhabitants with water and
deducting the amount of sinking funds available for the
payment of such indebtedness.

Section 2. This act shall take efiect upon its passage.

Approved April 11, 1883.

Cliaj).

Time extended
for transfer of
land.

1^28 -^^ ^^"^ '^^ EXTEND THE TIME FOR THE TRANSFER OF LAND ON
'" THE BACK BAY IN BOSTON, FOR THE USE OF THE STATE NORMAL

ART SCHOOL.

Be it enacted, etc., as follows:

Section 1. The provisions of chapter two hundred and
twenty-three of the acts of the year eighteen hundred and
eighty, relating to the transfer of land on the BackBayin
Boston to the state board of education for the use of the
state normal art school, are hereby extended and con-
tinued in force for a further term of three years from the

1883. — Chapter 129. 417

date of the expiration of the limitation in the act above
cited.

Section 2. This act shall take effect upon its passage.

\_The foregoing was laid before the Governor on the ninth day
of April, 1883, and after five days it had the '•'■force of a law"
as prescribed by the Constitutioyi, as it was not returned by him
with his objections within that ii'me.]

An Act to authorize the Worcester and Nashua railroad njinji ^29

COMPANY to unite WITH THE NASHUA AND ROCHESTER RAIL- J- '

ROAD.

Be it enacted, etc., as follows:

Section 1. The Worcester and Nashua Eailroad Com- May unite at
pany, incorporated by chapter one hundred and two of the Ave years.^'
acts of the year eighteen hundred and forty-five, is hereby
authorized at any time within five years from the passage
of this act to unite with the Nashua and Rochester Rail-
road, a corporation incorporated by the legislature of the
state of New Hampshire, upon condition that the holders
of shares of the capital stock in the said corporations may,
upon surrender of such shares, receive in lieu thereof cer-
tificates for an equal number of shares in the corporation
to be established under this act, and upon such other
equal terms for each such share as may be mutually agreed
upon, subject to the provisions of this act, by the written
assent or by vote of a majority in interest of the stock-
holders of each of said corporations at meetings duly
called for that purpose ; and such written assent or votes
so passed by said corporations respectively, shall be effect-
ual to unite said corporations within the intent and mean-
ing of this act ; and the corporation so established shall Powers and
have all the powers and privileges, and be subject to all *^""*^*'
the duties and liabilities set forth in the Public Statutes,
and in all general laws that now are or may hereafter be
in force relating to railroad corporations.

Section 2. If such union takes place as is provided Newcorpora-
for in this act, the corporation so established shall have, proVerty?fran-
hold and possess all the powers, privileges, rights, fran- exlsting^corpo^-
chises, property, claims and demands which at the time of rations.
such union may be held and enjoyed by the said existing
corporations, and be subject to all the duties, restrictions,
obligations, debts and liabilities to which at the time of
the union either of said corporations is subject ; and all
suits at law or in equity, and all proceedings before any
tribunal which may be pending, to which either corpora-

418

1883. — Chapter 129.

First meeting of
existing corpo-
rations for pur-
pose of effecting
union.

Corporations to
continue until
union is per-
fected.

Name of new
corporation.

tion is a party, may be prosecuted and defended by the
corporation hereby authorized to be established in the
same manner and with the same effect as might have been
done had such union not been formed. All claims and
contracts, and rights and causes of action at law or in
equity of or against either corporation, may be enforced
by suit or action to be commenced and prosecuted by or
against the corporation to be established under this act as
aforesaid.

Section 3. The first meeting of the corporation hereby
authorized to be established may be called by the presi-
dents of the said existing corporations or by either of
them, and fourteen days notice shall be given of the time
and place of said meeting, by publication in one or more
newspapers in Boston and Worcester, and in Nashua
and Rochester in the state of New Hampshire ; and at
said meeting persons and corporations holding stock in
either of the component corporations shall be entitled to
one vote for each share of capital stock held by them.
The officers respectively of the said existing corporations
shall continue to exercise in behalf of the corporation so
established all the rights and powers which they now ex-
ercise till the said new corporation shall be organized.

Section 4. After the organization of the corporation
established under this act, each of the said existing corpo-
rations shall continue for the purpose of perfecting the
said union, and doing all such acts and things, if any, as
may be necessary therefor, and shall execute all such
transfers, assignments and conveyances as the corporation
established under this act may deem necessary or ex-
pedient to cause to vest in itself any property, estates,
contracts, rights or claims, if any there be, which do not
vest in it by authority of this act.

Section 5. The corporation established as aforesaid
shall be called the Worcester, Nashua and Rochester Rail-
road Company, or by such other name as the directors of
the said existing corporations may deem best ; and the
capital stock of the said new corporation shall not exceed
the capital stock of both the existing corporations as here-
tofore authorized by the legislatures of this Commonwealth
and of the state of New Hampshire.

Section 6. This act shall take effect upon its passage.

[ The foregoing teas laid before the Governor on the tenth day
of Aprils 1883, and after five days it had the ^^ force of a law"

1883. — Chaptees 130, 131. 419

as prescribed by the Constitution, as it ivas not returned by him
with his objections tvithin that time.^

An Act to relieve the city of Springfield and the toavns QJian.lSO

OF west SPRINGFIELD AND AGAAVAM FROM CERTAIN FORFEIT- ^ '

ures.
Be it enacted, etc., as folloivs:

Section 1. The city of Springfield, the towns of West ^"^^"^^^^ ,!|:°i^
Springfield and Agawam, are relieved from all forfeitures ures.
that may have been heretofore incurred by reason of non-
compliance with the provisions of section twenty-six of
chapter fifty-three of the Public Statutes.

Section 2. This act shall take effect upon its passage.

Ajyproved April IS, 1SS3.

An Act authorizing the toavn of waltham to lay out and (JJiapASl

CONSTRUCT a TOWNWAY THROUGH A CEMETERY.

Be it enacted, etc., as folloivs:

Section 1. The selectmen of the town of Waltham are selectmen may
hereby authorized to lay out a townway for the use of said wayThrough a'
town in, upon and through so much of the enclosure now «=''™^^''''>'-
used for the burial of the dead in said town, known as the
Church Street Catholic Cemetery, and adjoining Church
street, so called, on the easterly side thereof, as shall be
necessary in order to widen said street adjoining said en-
closure, on the side of said street next to said enclosure,
to the width of forty-six feet, measuring from the westerly
line of said street as now located ; and said town is hereby
authorized to accept and allow such laying out, and to
establish the townway so laid out, at a public meeting of
the inhabitants of said town regularly warned and notified
therefor, and to construct said townway if the laying out
of the same is accepted and allowed as aforesaid.

Section 2. The selectmen of said town shall fix the toRx time for
time for removing the bodies of deceased persons buried [es™
within the limits of the townway hereby authorized to
be laid out, and shall give notice thereof, by posting up
notices in three public places in said town, thirty days at
least before the time fixed for said removal, and by pub-
lishing said notice three weeks successively in one Aveokly
and one daily newspaper, printed in the county of Middle-
sex, the last publication to be ten days at least before the
time fixed for said removal ; and also by mailing a copy
of said notice to the friends or next of kin of such deceased
persons, whose residence is known.

emoval of bod-

420

1883. — Chapter 132.

Town to cause
all bodies to be
removed before
townway is laid
out.

Damages and ex-
penses of remov-
al and re-inter-
ment.

May raise
money, etc.

Section 3. The said town, before it constructs said
townway hereby authorized to be laid out, or enters upon
the same for the purpose of constructing it, shall remove,
or cause to be removed, all bodies of deceased persons
buried within the limits of the townway hereby authorized
to be laid out, to some other part of said enclosure, or to
the enclosure now used for the burial of dead, situated in
said town, and known as Calvary Cemetery, and re-inter
the same therein, which removal and re-interment said
town is hereby authorized to make.

Section 4. In addition to the damages required by
law to be awarded in the laying out of townways, said
town shall pay all the expenses of said removal and re-
interment, including the expense of purchasing new lots
or lot for the re-interment of said bodies ; and for the pay-
ment of said expenses said town is hereby authorized to
grant, vote and raise by taxation or otherwise, such sums
as it shall judge necessary therefor.

Section 5. This act shall take effect upon its passage.

Approved April 18, 1883.

Water supply
for town of Cot-
tage City,

May take and
hold water of
Norton's Pond.

ChcipAS2 An Act to supply the toant* of cottage city with water.
Be it enacted, etc., as follows:

Section 1. The town of Cottage City may supply it-
self and its inhabitants with water for the extinguish-
ment of fires and for domestic and other purposes ; may
establish fountains and hydrants, re-locate or discontinue
the same ; may regulate the use of such water, and fix and
collect rates to be paid for the use of the same.

Section 2. The said town for the purposes aforesaid
may take, by purchase or otherwise, and hold the water
of Norton's Pond, so called, with the water rights con-
nected therewith, and of any other water sources within
the limits of said town, and the water rights connected
with an}'' such water sources, and also all lands, rights of
way and easements, necessary for holding and preserving
such water, and for conveying the same to any part of said
town ; and may erect on the land thus taken or held,
proper dams, buildings, fixtures and other structures, and
may make excavations, procure and operate machinery,
and provide such other means and appliances as may be
necessary for the establishment and maintenance of com-
Mayconstract pletc aiid cffectivc watcr works ; and may construct and
conduus, pTpIs, lay down conduits, pipes and other w^orks under or over

and other works.

1883. — Chapter 132.

421

any lands, water courses, railroads, or public or private
ways, and along any such way, in such manner as not un-
necessarily to obstruct the same ; and for the purpose of
constructing, maintaining and repairing such conduits,
pipes and other works, and for all proper purposes of this
act, said town may dig up any such hinds or ways, in such
manner as to cause the least hindrance to public travel
on such ways.

Section 3. The said town shall within sixty days after
the taking of any lands, rights of way, water rights, water
sources or easements as aforesaid, other than by purchase,
file and cause to be recorded in the registry of deeds for
the county within which such lands or other property is
situated, a description thereof sufiiciently accurate for iden-
tification, with a statement of the purpose for which the
same were taken, signed by the water commissioners here-
inafter provided for.

Sectiox 4. The said town shall pay all damages sus-
tained by any person in property by the taking of any land,
right of way, water, water source, water right or easement,
or by any other thing done by said town under the author-
ity of this act. Any person, sustaining damages as afore-
said under this act, who fails to agree with said town
as to the amount of damages sustained, may have the
damages assessed and determined in the manner provided
by law when laud is taken for the laying out of high-
ways, on application at any time within the period of
three years from the taking of such land or other property,
or the doing of other injury, under the authority of this
act ; but no such application shall be made after the ex-
piration of said three years. No application for assessment
of damages shall be made for the taking of any water,
water right, or for any injury thereto, until the water is
actually withdrawn or diverted by said town under the
authority of this act.

Section 5. The said town may, for the purpose of
paying the necessary expenses and liabilities incurred
under the provisions of this act, issue, from time to time,
bonds, notes or scrip, to an amount not exceeding in the
aggregate fifty thousand dollars ; such bonds, notes and
scrip shall bear on their face the words "Cottage City
Water Loan ;" shall be payable at the expiration of periods
not exceeding thirty years from the date of issue; shall
bear interest payable semi-annually, at a rate not exceed-

A description of
land, etc , taken,
to be filed and
recorded in the
registry of
deeds.

Damages to be
paid by the
town.

Application for
damages not to
be made until
water is actually
taken.

Cottage City
water loan.

422

1883. — Chapter 132.

Sinking fund to
be provided.

Money Bufficient
for annual ex-
penses and in-
terest to be
raised by taxa-
tion.

Penalty for di-
verting or pol-
luting water.

Board of water
commissioners
to be elected.

Powers.

ing six per centum per annum, and shall be signed by the
treasurer of the town, and be countersigned by the water
commissioners hereinafter provided for. The said town
may sell such securities at public or private sale, or pledge
the same for money borrowed for the purposes of this act,
upon such terms and conditions as it may deem proper.
The said towu shall provide, at the time of contracting
said loan, for the establishment of a sinking fund, and shall
annually contribute to such fund a sum sufficient, with the
accumukitions thereof, to pay the principal of said loan at
maturity. The said sinking fund shall remain inviolate
and pledged to the payment of said loan, and shall be used
for no other purpose.

Section 6. The said town shall raise annually by tax-
ation a sum which, with the income derived from the
water rates, will be sufficient to pay the current annual
.expenses of operating its water works, and the interest as it
accrues on the bonds, notes and scrip issued as aforesaid
by said town, and to make such contributions to the sink-
ing fund and payments on the principal as may be required
under the provisions of this act.

Section 7. Whoever wdlfuUy or wantonly corrupts,
pollutes or diverts any of the waters taken or held under
this act, or injures any structure, work or other property
owned, held or used by said town under the authority and
for the purposes of this act, shall forfeit and pay to said
town three times the amount of damages assessed therefor,
to be recovered in an action of tort ; and upon conviction
of either of the above wilful or wanton acts shall be pun-
ished by a fine not exceeding three hundred dollars or by
imprisonment not exceeding one year.

Section 8. The said town shall, after its acceptance
of this act, at a legal meeting called for the purpose, elect
by ballot three persons to hold office, one until the ex-
piration of three j^ears, one until the expiration of tw^o
years, and one until the expiration of one year from the
next succeeding annual town meeting, to constitute a board
of water commissioners ; and at each annual town meeting
thereafter one such commissioner shall be elected by ballot
for the term of three years. All the authority granted to
the said town by this act and not otherwise specifically
provided for, shall be vested in said board of water com-
missioners, who shall be subject, however, to such instruc-
tions, rules and regulations as said town may impose by

1883. — Chapters 133, 134, 135.

423

its vote ; the said commissioners shall be trustees of the
sinking fund herein provided for, and a majority of said
commissioners shall constitute a quorum for the transaction
of business relative both to the water works and to the sink-
ing fund. Any vacancy occurring in said board from any vacancy.
cause may be filled for the remainder of the unexpired
term, by said town, at any legal town meeting called for
the purpose.

Section 9. This act shall take effect upon its accep- subject to accep
tance by a two-thirds vote of the voters of said town, pres- [birds vote!^°'
ent and voting thereon at a legal town meeting called for
the purpose, within three years from its passage ; but the
number of meelings so called in any year shall not exceed
three. Apjyroved April 18, 1883.

Chap.lSS

An Act in regard to appeals from orders passed by boards

OF health.

Be it enacted, etc., as follows:

Section 1. Section eio;hty-eight of chapter eighty of Appeals from

i-r-«ii-r-. 1. If t 1 orders passed by

the Public Statutes, relatins: to appeals from orders passed boards of health.
by boards of health, is amended by inserting after the word • • >« •
" where," in the fourth line thereof, the following words :
— " the premises are located with reference to which."
Section 2. This act shall take effect upon its passage.

Approved April 18, 1883.

An Act to authorize savings banks and institutions for ni^ny) 1 ^4

SAVINGS to invest IN THE BONDS AND NOTES OF THE OLD COL- J- '

ONY RAILROAD COMPANY.

"Be it enacted, etc., as follows:

Section 1. Savings banks and institutions for savings savings banks
may invest in bonds or notes of the Old Colony Railroad ™Jlfd8','etc.,'of
Company issued according to law notwithstanding the ^j^^coiony Rail-
mortgages on that part of its railroad formerly belonging
to the Boston, Clinton, Fitchburg and New Bedford Kail-
road Company.

Section 2. This act shall take effect upon its passage.

Approved April 18, 1883.

An Act concerning commissioners of sinking funds in the
city of brockton.

Be it enacted, etc., as follows:

Section 1. Whenever the city of Brockton shall elect cor
a board of commissimiers of sinking funds in accordance h[ Br^kton""^*
with the provisions of section ten of chapter twenty-nine

CMp.Vd5

immissioners

424

1883. — Chapters 136, 137, 138.

Chap.lSG

School commit-
tee and assistant
assessors in
Brockton.

of the Public Statutes, all the powers and authority now
vested in the board of water commissioners of said city as
trustees of the sinkino- fund relatins; to the Brockton water
loan shall be transferred to and vest in the said board of
sinking fund commissioners.

Section 2. This act shall take effect upon its passage.

Approved April 23, 1883.

An Act to amend the charter of the city of brockton rela-

tive TO THE

assessors.

election of school committee and assistant

To take effect
upon accept-
ance.

Be it enacted, etc., as follows:

Section 1. Section twenty-three of chapter one hun-
dred and ninety-two of the acts of the year eighteen hun-
dred and eighty-one entitled "An Act to establish the
city of Brockton," is hereby amended by striking out all
of said section after the word " annual," in the third line,
and substituting in place thereof the words " election,
the vacancies occurring by such failure shall be filled in
the case of the school committee by a joint ballot of the
city council and school committee, and in the case of the
assistant assessors by a joint ballot of the city council."

Section 2. This act shall take effect upon its accept-
ance by the city council of said city of Brockton.

Approved April 23, 1883.

Cliaj)

237 -^N Act to authorize the town of nahant to supply its in-
habitants WITH water for domestic PURPOSES.

Be it enacted, etc., as follows:

Section 1. The town of Nahant may supply its in-
habitants with water for domestic purposes, from any
water sources belonging to said town : provided, that
nothing herein contained shall authorize the taking of any
land for such purpose.

Section 2. The selectmen of said town may regulate
the use of such water, and establish and collect rates to be
paid for the use of the same.

Section 3. This act shall take effect upon its passage.

Approved April 23, 1883.

iQQ An Act relative to notices from local boards of health
in cases of small-pox.

Be it enacted, etc., as follows:
Boards of health Section 1. When the board of health of any city or
boar°d'of cifes of towii has had notice of the occurrence of a case of small-

small-pox.

Water supply
for Nahant.

Selectmen to
make regula-
tions.

Chap

1883. — Chapters 139, 140.

425

Chap.ldd

pox in such city or town, such board of health shall,
within twenty-four hours after the receipt of such notice,
notify the state board of health, lunacy and charity of the
same.

Section 2. If the board of health of the city or town, Town to forfeit

,., /"ii 1 1^ claim for expen-

in which a case oi small-pox has occurred, retuses or ueg- ees if notice is
lects to send a notice as required in section one, such city °° ^'^®"'
or town shall forfeit its claim upon the Commonwealth,
for the payment of any expenses which may be incurred,
as provided in section eighty-three of chapter eighty of
the Public Statutes. Approved April 23, 1883.

An Act to change the name of the quannapowitt water
company and to authorize said corporation to issue bonds
and to secure the same by mortgage.

Be it enacted, etc. , as follows :

Section 1. The corporate name of the Quannapowitt Name changed.
Water Company, incorporated by chapter three hundred
and thirty-live of the acts of the year eighteen hundred
and seventy-two, is hereby changed to the "Wakefield
Water Company."

Section 2. The said corporation may issue bonds and May issue bonds
secure the same by a mortgage on its franchise and other nwriagr^^
property to an amount not exceeding two hundred thou-
sand dollars.

Section 3. This act shall take eifect upon its passage.

\_The foregoing was laid before the Governor on the eighteenth
day of April, 1883, and after five days it had the '"'• force of a
law," as pjrescrihed by the Constitution, as it was not returned by
him with his objections within that time.']

An Act in relation to warren bridge.
Be it enacted, etc., as follows:

Section 1. The city of Boston may make such changes
in the location of Warren Bridge, or any part thereof, and
the approaches thereto, as the public convenience and
necessity may require ; and may re-construct said bridge
with a width not exceeding eighty feet, or construct a new
bridge and approaches thereto not exceeding the aforesaid
width in any new location so made ; and for such pur-
poses the said city may take lands and other property as
it may deem necessary.

Section 2. All the right, title and interest of the
Commonwealth in and to the said Warren Bridge, the
approaches thereto, and the materials of which it is com-
posed, are hereby transferred to the city of Boston.

CJiap.UO

Location may be
changed.

Old bridge may
be re-construct-
ed or new bridge
built.

Common-
wealth's right
transforred to
city of Boston.

426

1883. — Chapters 141, 142.

Subject to p. 8.
19.

A description of
land taken to be
filed and re-
corded in the
registry of
deeds.

Liability for
damages.

Chap.Ul

Time extended
tor erection of
library building.

Chap

ConveyanceB
maybe recorded
in records of
corporation.

Sectiox 3. In the exercise of the powers granted by
this act, the city of Boston shall be subject to the provis-
ions of chapter nineteen of the Public Statutes, and to all
general laws applicable thereto.

Section 4. The said city shall, within thirty days
after it takes any land under this act, file in the registry
of deeds for the county of Suffolk, and cause to be re-
corded therein, a description of the laud so taken as cer-
tain as is required in a conveyance of land, with a state-
ment of the purpose for which such land is taken ; which
description and statement shall be signed by the mayor of
said city. The said city shall be liable to pay all dam-
ages sustained by any person in his property by reason of
the taking of land or other property as aforesaid, and in
case the parties cannot agree, the damages shall be assessed
by a jury at the bar of the superior court for the county
of Suffolk on petition, to be filed in the office of the clerk
of said court within two years next succeeding the filing
of the description before mentioned, and sections twenty-
eight and twenty-nine of chapter forty-nine of the Public
Statutes shall apply to the assessment of damages under
this act.

Section 5. This act shall take effect upon its passage.

Approved April 21, 1883.

An Act relating to the libiit of time for the erection of
a library building by the city of boston.

Be it enacted, etc., as follows:

Section 1. The provisions of chapter two hundred and
twenty-two of the acts of the year eighteen hundred and
eighty, relating to the grant of land on the Back Bay to
the city of Boston for the purpose of erecting thereon a
building for the public library, are hereby extended and
continued in force for a further term of three years from
the date of the expiration of the time limited in the act
above cited.

Section 2. This act shall take effect upon its passage.

Approved Ap)ril 21, 1883.

1 ^o An Act to amend section six of chapter eighty-two of the

PUBLIC STATUTES, RELATIVE TO RECORDING CONVEYANCES OF
LOTS IN CEMETERIES, AND FOR OTHER PURPOSES.

Be it enacted, etc., asfoUoivs:

Section 1. Section six of chapter eighty-two of the
Public Statutes is hereby amended by striking out after

1883. — Chapter 143.

427

the word "cemetery," in the third line thereof, the words
"made by the corporation to its individual members or
other persons."

Section 2. The records of all conveyances of burial Records hereto-

1 /• I'll ^°''® "lade, con-

lots which have been heretofore entered m books reg- firmed.

ularly kept for that purpose by any cemetery corporation

created by special charter or organized under the general

laws shall have and be of the same force and effect as if

made in the registry of deeds for the county or district

where such cemetery is situated, and no other record shall

be deemed necessary : provided, that this act shall not Proviso.

affect or take away any rights acquired or vested under

laws heretofore existing.

Section 3. This act shall take effect upon its passage.

Approved April 23 ^ 1883.

An Act to authorize the city of i.owell to abate a nuisance (JJiap.l^^

BY THE discontinuance OF RICHARDSON BROOK. ■'■

Be it enacted, etc. , as follows :

Section 1. For the purpose of abating the nuisance in Nuisance in
the city of Lowell caused by " Richardson's Brook," so abaTed.™''^
called, the said city is hereby authorized to divert the waters
of said brook from their present channel and convey them,
from a point on Hildreth Street, by means of a sewer or
sewers to the Merrimack River.

Section 2. The said city shall pay all damages sustained Liability for
by any person in property by the diversion of the waters
of said brook, or by the construction of such sewer or
sewers, or in any other way by anything done by said city
under the authority of this act. Any person sustaining
damajres as aforesaid under this act who fails to a2;ree with
said city as to the amount of damages sustamed, may
have the damages assessed and determined in the manner
provided by law when land is taken for the laying out of
highways, on application at any time within the period of
one year from the diversion of the waters of said brook
or the doing of other injury under the authority of
this act ; but no such application shall be made after the
expiration of said one year.

Section 3. This act shall take effect upon its passage.

Approved April 23, 1883.

428

1883. — Chapter U4.

Chap.lU

Nuisance in
Boston may be
abated.

Grade not to be
less than ten
feet above mean
low water.

Order to be
made in writing
and served upon
the record
owner.

City may fill up
territory if
owner fails to
comply within
thirty days.

Expense of fill-
ing to be a lien
upon territory.

Apportionment
of expense.

An Act to ab.\te a nuisance in the city of boston and for

TUE preservation OF THE PUBLIC HEALTH IN SAID CITY.

Be it enacted, etc., as follows:

Section 1. The board of health of the city of Boston
may order any or all the owners of the tlats and of the
creek connected therewith of Prison Point liay, so called,
situated in that part of Boston called Charlestown and
lying north of the Fitchburg railroad and the old state
prison gronnds west of Canal street south of Caml^ridge
street and north and east of the boundary line between
Boston and Somerville, to fill up their said flats, basin and
creek with good earth or other suitable material, to a
grade not less than ten feet above mean low water, in order
to secure the abatement of the existing nuisance therein,
and for the ^jreservation of the public health of said city,
and may also direct in such orders within what time any
specific portion thereof shall be tilled.

Section 2. Such orders shall be made in writing and
served by any person competent to serve a notice in a civil
suit personally on the record owner, or a copy of the or-
der may be left at the last and usual place of abode of
such owner if he is known and within the state. If he is
unknown or without the state the notice may be served by
advertising in one or more public newspapers published in
Boston in such manner and for such length of time as the
board of health of said city may direct.

Section 3. If any owner of any portion of the terri-
tory described in the first section of this act fails to begin
to comply with any such order within thirty daj's after
service of the notice aforesaid, or fails after such besfin-
ning to continue to the satisfaction of said board of health,
the said board shall so determine, and thereupon the city
of Boston shall fill up the said territory or portion thereof
as hereinafter required, and all expenses incurred thereby
shall constitute a lien upon said territory or upon the por-
tion thereof so filled, and upon the land made by said fill-
ing and upon all buildings thereon Avhich may be assessed
by the board of aldermen of said city of Boston, and the
assessment so made with the charges foi* cost and interest
may be enforced and collected by the city collector of said
city, in the manner provided by law for the collection of
taxes upon real estate.

Section 4. If the owner or owners of any land so as-
sessed for such expenses desire to have the amount of said

1883. — Chapter 1M. 429

assessment apportioned, he or they shall give notice thereof
in writing, to the board of aldermen of said city, at any
time l)efore a demand is made upon him or them for the
payment thereof; and said board shall thereupon appor-
tion said amount into three equal parts, which apportion-
ment shall be certified to the assessors of said city ; and
the said assessors shall add one of said equal parts, with
six per cent, interest thereon, to the annual tax of said
land each year, for the three years next ensuing.

Section 5. If the owner or owners of any parcel of Owners dissatis-
land, the grade of which is raised under the third section ment of expen-
of this act, is dissatisfied with the assessment of the ex- for a'jury!''' ^
penses of raising the grade of his or their land, he or they
may, within twelve months after receiving notice of such
assessment, apply for a jury, by petition to the superior
court for the county of Suftblk, and have the expenses as-
sessed in the same manner as betterments for the laying
out of streets and highways in the county of Suffolk may
be assessed.

Section 6. If the jury do hot reduce the amount of ^3°°^®'"^°^
the assessment complained of, the respondent shall recov-
er costs against the petitioner, which costs shall be a
lien upon the estate and be collected in the same manner
as the assessment ; but if the jury reduce the amount of
the assessment the petitioner shall recover costs ; and all
assessments shall be a lien on the estate for one year
after the final judgment in any suit or proceeding where
the amount or validity of the same is in question, and shall
be collected in the same manner as orio'inal assessments.

Section 7. Said city may construct and maintain city may con.
such sewers in the territory mentioned in section one of tain Bewers?'*"*"
this act as it deems the public health and convenience re-
quire, and shall not obstruct the running off of the sur-
face water naturally flowing into the territory authorized
to be filled by this act, nor the water flowing into the
same through any creek or other natural water course.

Section 8. The said city of Boston may lay or per- May lay railway
mit to be laid railway tracks through or across its streets, streets, etc."^
and maintain or permit them to be maintained so long as
may be necessary for transporting earth and other mater-
ial to fill up the territory as herein provided.

Section 9. All filling and grading done under this work to be
act shall be done within two years from the passage here- years.^'' '° '^^
of.

430

1883. — Chaptees 145, 146, 147.

Repeal of 1881,
238.

Chap.l4:5

Redemption of
real estate sold
for non-payment
of sewer assess-
ments.
P. 8. 50. § 5.

Section 10, Chapter two hundred and thirty-eight of
the acts of the year eighteen hundred and eighty-one is
hereby repealed.

Section 11. This act shall take effect upon its passage.

Approved April 24, 1883.

An Act providing for the redemption of real estate sold for
non-payment of sewer assessments.

Be it enacted, etc., as folloivs:

Section five of chapter fifty of the Public Statutes, re-
lating to sewer assessments constituting a lien upon real
estate, is hereby amended by adding thereto the following
clause, viz. : " and real estate so sold may be redeemed
the same as if sold for the non-payment of taxes and in
the same manner." Approved April 24, 1883.

(77itt7).146 -^^ -^^"^ '^^ AUTHORIZE THE TOWN OF WIXTHKOP TO BUILD A
■^ ' BRIDGE ACROSS TIDE WATER IN SAID TOAVN.

Be it enacted, etc., as follows :

Section 1. The town of Winthrop may lay out a
highway from the junction of Pleasant and Winthrop
streets to Shirley street in said town, and may build and
maintain a free public bridge where said highway crosses
an inlet or arm of the sea, subject to the approval of the
board of harbor and land commissioners as regards the lo-
cation of said highway where it crosses tide waters, and
as regards the manner of constructing said^bridge, and
subject to the provisions of all general laws applicable
thereto.

Section 2. This act shall take effect upon its passage.

Approved April 24, 1883.

Town may build
bridge across
tide water, sub-
ject to approval
of commission-
ers.

Chap.U7

Charter amend-
ed.
1874, 96, § 2.

An Act amending the charter of the father matthew
temperance benefit society, in the city of [lawrence, in
relation to its capital stock and liability.

Be it enacted, etc., as follows:

Section 1. Section two of chapter ninety-six of the
acts of the year eighteen hundred and seventy-four, fix-
ing the limit of the capital stock of the Father Matthew
Catholic Temperance Benefit Society, in the city of Law-
rence, at twenty-five thousand dollars, and the par value
of its shares at twenty-five dollars, and providing that
said corporation shall incur no liability until five thousand
dollars of its capital stock has been paid in in cash, is

1883. — Chaptees 14:8, 149.

431

amended by striking out in the second line the words
"twenty-five thousand," and insertiug in phice thereof the
words " ten thousand ; " by striking out in the third line the
word " twenty-live," and inserting in place thereof the
word " ten ; " and by striking out in the seventh line the
words "five thousand," and inserting in place thereof the
words " one thousand."

Section 2. This act shall take effect upon its passage.

Approved April 24, 1S83.

An Act to proviue for the support of the criminal insane CJicin.\4S

BY THE COMMONWEALTH. -^

Be it enacted, etc., as follows :

Section 1. When a state prison convict is committed
to a state lunatic hospital the charges for his support shall
be paid by the Connuonwealth, until the expiration of his
term of sentence to the state prison.

Section 2. When a person held in prison on a charge
of felony is committed to a state lunatic hospital under
the provisions of sections fifteen or thirty of chapter two
hundred and thirteen or of sections sixteen, nineteen or
twenty of chapter two hundred and fourteen of the Public
Statutes, the charges for his support therein shall be paid
by the Commonwealth.

Section 3. The provisions of this act shall apply to
such commitments already made.

Section 4. This act shall take effect upon its passage.

Approved April 24, 1883.

An Act to supply the town of iiuuson with water.
Be it enacted, etc., as folloivs :

Section 1. The town of Hudson may supply itself water supply
and its inhal)itants with water for the extinguishment of Iou!°^°°^^" "
fires and for domestic and other purposes ; may estalilish
fountains and hydrants, re-locate or discontinue the same ;
may regulate the use of such Avater, and fix and collect
rates to be paid for the use of the same.

Section 2. The said towm for the purposes aforesaid May take water
may take, by purchase or otherwise, and hold the waters inTerlin!*
of Gates Pond, so called, in the town of Berlin, in the
county of Worcester, and the waters which flow into and
from the same, together with any water rights connected
therewith, and also all lands, rights of way and easements,
necessary for holding and preserving such water, and for

Support of state
prison convict in
state lunatic hos-
pital.

Support of pris-
oner on a
charge of felony
ill state lunatic
hospital.

To apply to
commitments
already made.

Chap.U^

432

1883. — Chapter 149.

Maj' conetruct
and lay down
conduits, pipes,
and other
works.

A description of
the lands, etc.,
tafien, to be liled
and recorded in
the registry of
deeds.

Damages to be
paid by the
town.

Application for
damages not to
be made until
■water is actually
taken.

conveying the same to any part of said town of Hudson ;
and may erect on tlie land tlms taken or held proper dams,
buildings, fixtures and other structures, and may make
excavations, procure and operate machinery, and provide
such other means and appliances as may be necessary for
the estal)lishnient and maintenance of complete and eflec-
tive water works ; and may construct and lay down con-
duits, pipes and other works under or over any lands,
water courses, railroads, or public or private ways, and
along any such way, in such manner as not unnecessarily
to obstruct the same ; and for the purpose of construct-
ing, maintaining and repairing such conduits, pipes and
other works, and for all proper purposes of this act, said
town may dig up any such lands or ways, in such manner
as to cause the least hindrance to public travel on such
ways.

Section 3 The said town shall, within sixty days
after the taking of any lands, rights of way, water rights,
water sources or easements as aforesaid, otherwise than
hy purchase, file and cause to be recorded in the registry
of deeds for the county within which such lands or other
property is situated, a description thereof sufficiently ac-
curate for identification, with a statement of the purpose
for which the same were taken, signed by the water com-
missioners hereinafter provided for.

Section 4. The said town shall pa}" all damages sus-
tained by any person in property by the taking of any
land, right of Avay, water, water source, w^ater right or
easement, or by any other thing done by said town under
the authority of this act. Any person sustaining dama-
ges as aforesaid under this act, who fails to agree with
said town as to the amount of damages sustained, may
have the damages assessed and determined in the manner
provided by law when land is taken for the laying out of
highways, on application at any time within the period of
three years from the taking of such land or other property,
or the doing of other injury, under the authority of this
act ; but no such application shall be made after the expi-
ration of said three years. No applicati(jn for assessment
of damages shall be made for the taking of any water,
water right, or for an}' injury thereto, until the water is
actually withdrawn or diverted by said town under the
authority of this act.

Section 5. The said town may for the purpose of

1883.— Chapter 149.

433

paying the necessary expenses and liabilities incurred un-
der the provisions of this act, issue from time to time
bonds, notes or scrip, to an amount not exceeding in the
aggregate seventy-five thousand dollars ; such bonds, notes
and scrip shall bear on their face the words " Hudson
Water Loan ;" shall be payal)le at the expiration of peri-
ods not exceeding thirty years from the date of issue ;
shall bear interest payable semi-annually at a rate not ex-
ceeding six per centum per annum, and shall be signed
by the treasurer of the town and be countersigned by the
water commissioners hereinafter provided for. The said
town may sell such securities at public or private sale, or
pledge the same for money borrowed for the purposes of
this act, upon such terms and conditions as it may deem
proper. The said town shall provide, at the time of con-
tracting said loan, for the establishment of a sinking fund,
and shall annually contribute to such fund a sum sutficient,
with the accumulations thereof, to pay the principal of
said loan at maturity. The said sinking fund shall re-
main inviolate and pledged to the payment of said loan,
and shall be used for no other purpose.

Section 6. The said town shall raise annually, by
taxation, a sum which, with the income derived from the
water rates, will be sufficient to pay the current annual
expenses of operating its waterworks, and the interest as
it accrues on the bonds, notes and scrip issued as aforesaid
by said town, and to make such contributions to the sink-
ing fund and payments on the principal as may be required
under the provisions of this act.

Section 7. Whoever wilfully or wantonly corrupts,
pollutes or diverts any of the waters taken or held under
this act, or injures any structure, work or other property
owned, held or used by said town under the authority and
for the purposes of this act, shall forfeit and pay to said
town three times the amount of damages assessed there-
for, to be recovered in an action of tort ; and upon con-
viction of either of the above wilful or wanton acts shall
be punished by a fine not exceeding three hundred dol-
lars or by imprisonment not exceeding one year.

Section 8. The said town shall, after its acceptance
of this act, at a legal meeting called for the purpose, elect
by l)allot three persons to hold office, one until the expi-
ration of three years, one until the expiration of two
years, and one until the expiration of one year from the

Hudson Water
Loan.

Sinking fund to
be provided. ,

Money sufficient
for current ex-
penses and in-
terest to be
raised annually,
by taxation.

Penalty for pol-
luting or divert-
ing water, or for
injury to prop-
erty.

Board of water
commissioners
to be elected.

434

1883. — Chapter 150.

Powers.

Vacancy.

Subject to ac-
ceptance by a
two-thirds vote.

Chap.150

Corporators.

Name and pur-
pose.

Powers and du-
ties.

next succeeding annual town meeting, to constitute a
board of water commissioners ; and at each annual town
meeting thereafter one such commissioner shall be elected
by ballot for the term of three years. All the authority
granted to the said town l)y this act and not otherwise
specifically provided for, shall be vested in said board of
water commissioners, who shall be subject, however, to
such instructions, rules and regulations as said town may
impose by its vote ; the said commissioners shall l)e trus-
tees of the sinking fund herein provided for, and a majority
of said commissioners shall constitute a quorum for the
transaction of business relative both to the water works and
to the sinking fund. Any vacancy occurring in said board
from any cause may be filled for the remainder of the unex-
pired term, by said town, at any legal town meeting called
for the purpose.

Section 9. This act shall take effect upon its accept-
ance by a two-thirds vote of the voters of said town, pres-
ent and voting thereon at a legal town meeting called for
the purpose, within three years from its passage ; but the
number of meetings so called iu any year shall not exceed
three. Approved April 25, 1883.

An Act to incorporate the farmers' and mechanics' savings

BANK OF south FRAMINGHAM.

Be it enacted, etc., as follows:

Section 1. "VVillard Howe, George E. Cutler, Eleazer
Goulding, Warren Whitney, Arthur C. Blanchard, Charles

E. Cutler, Thomas L. Sturtevant, Charles D. Lewis, John

F. Holbrook, James R. Entwistle, Willis M. Ranney,
Leonard T. Morse, Edmund Dowse, Sidney A. Phillips,
Frank Comee, Henry G. Eames, Franklin INIanson, D. T.
Bridges, their associates and successors, are hereby made
a corporation by the name of the Farmers' and Mechanics'
Savings Bank, to be located in the village of South Fram-
ingham, in the town of Framingham ; with all the powers
and privileges and subject to all the duties, liabilities and
restrictions set forth in the general laws which now are or
may hereafter be in force relating to savings banks and
institutions for savings.

Section 2. This act shall take effect upon its passage.

\_The foregoing icas laid before the Governor on the eighteenth
day of April 1883, and after Jive days it had the ^'^ force of a law,"
as jyrescribed by the Constitution, as it toas not returned by him
with his objections ivithin that time.']

1883. — Chaptee 151.

435

Town may take
and fill the Mill
Poud.

A deBcription of
pond and land
taken, to be filed
and recorded in
the registry of
deeds.

An Act to authorize the toavn of hingham to take and fill CJiav.1.51.

THE " MILL POND " IN SAID TOWN.

Be it enacted, etc., as follows:

Section 1. For the purpose of filling the "Mill Pond,"
SO called, in the town of Hingham, said town may take, by
purchase or otherwise, the said pond and the lands or flats
in or under said pond, and fill and raise the same to such
grade as may be deemed necessary or expedient.

Section 2. The said town shall, within sixty days
after the taking of said pond, lands or flats as aforesaid,
otherwise than by purchase, file and cause to be recorded
in the registry of deeds for the county within which such
lands or other property is situated, a description thereof
sufiiciently accurate for identification, with a statement of
the purpose for which the same were taken, signed by the
chairman of the board of selectmen, and the title of said
lands or flats when filled shall vest in the town of Hing-
ham in fee simple, and the said lands and flats may be sold
and conveyed by said town in such manner as said town
may determine.

Section 3. The said town shall pay all damages sus-
tained by any persons in property by the taking and filling
of said pond, lands or flats, or by any other thing done by
said town under the authority of this act. Any person
sustaining damages as aforesaid under this act, who fails
to agree with said town as to the amount of damages sus-
tained, may have the damages assessed and determined in
the manner provided by law when land is taken for the
laying out of highways, on application at any time within
the period of three years from the taking of such pond,
lands or flats, or the doing of other injury, under the
authority of this act ; but no such application shall be made
after the expiration of said three years.

Section 4. The said town shall construct and main-
tain all necessary drains for the free passage of the water
of natural streams now flowing into said Mill Pond.

Liability for
damages.

Damages may be
assessed by a

May construct
drains.

Hingham Im-
provement Loan.

436

1883. — Chapter 152.

Sinkinsr fund to
be provided.

Money sufficient
for interest, etc.,
to be raised an-
nually, etc., by
taxation.

Subject to ac-
ceptance by
town by a ma-
jority vote.

interest payable semi-annually, at a rate not exceeding six
per centum per annum, and shall be signed by the trea-
surer and countersigned by the selectmen of said town.
The said town may sell such securities at public or private
sale, or pledge the same for money borrowed for the pur-
poses of this act, upon such terms and conditions as it may
deem proper. The said town shall provide at the time
of contracting said loan for the establishment of a sinking
fund, and shall annually contribute to such fund a sum
sufficient, with the accumulations thereof to pay the prin-
cipal of said loan at maturity. The said sinking fund
shall remain inviolate and pledged to the payment of said
loan, and shall be used for no other purpose.

Section 6. The said town shall raise annually by tax-
ation a sum which will be sufficient to pay the interest as
it accrues on the bonds, notes and scrip issued as afore-
said bj' said town, and to make such contributions to the
sinking fund and payments on the principal as may be re-
quired under the provisions of this act ; but said town shall
not raise more than four thousand dollars in any one year
to pay the principal of said loan, except in the year in
which the same may become due.

Section 7. This act shall take effect upon its passage ;
but nothing shall be done, or any liability incurred, or any
expenditure made under the same, except for preliminary
surve3^s and estimates, until this act shall be accepted by
a majority vote of the legal voters of said town, present
and voting thereon at a leijal meeting called for that pur-
pose, within three years from the date of its passage ; but
the number of meetings so called in any year shall not ex-
ceed three. Approved April 30, 1883.

Ohcip.^52 An Act to supply the town of south abington with watek.

Water supply
for town of
South Abington.

May take water
from Auburn-
ville, Hobart's
and Beech Hill
Ponds, etc.

Beit enacted, etc., as follows:

Section 1. The town of South Abington may supply
itself and its inhabitants with water for the extinguishment
of tires and for domestic and other purposes ; may establish
fountains and hydrants, re-locate or discontinue the same ;
may regulate the use of such water, and tix and collect rates
to be paid for the jse of the same.

Section 2. The said town for the purposes aforesaid
may take, by purchase or otherwise, and hold the water
of one of the following sources of supply, Auburnville
Pond, Hobart's Pond, Beech Hill Pond, or artesian avcUs,

1883. — Chapter 152.

437

all within the town of South Abington, and the water
rights connected with any such water sources, and also all
lands, rights of way and easements, necessary for holding
and preserving such water, and for conveying the same to
any part of said town ; and may erect on the hind thus
taken or held, proper dams, buiklings, fixtures and other
structures, and may make excavations, procure and oper-
ate machiner}'^, and provide such other means and appli-
ances as may be necessary for the establishment and main-
tenance of complete and effective water works ; and may
construct and lay down conduits, pipes and other works
under or over any lands, water courses, railroads, or pub-
lic or private ways, and along any such way, in such man-
ner as not unnecessarily to obstruct the same ; and for the
purpose of constructing, maintaining and repairing such
conduits, pipes and other works, and for all proper pur-
poses of this act, said town may dig up any such lands or
ways, in such manner as to cause the least hindrance to
public travel on such ways.

Section 3. The said town shall, within sixty days
after the taking of any lands, rights of way, water rights,
water sources or easements as aforesaid, otherwise than
by purchase, file and cause to be recorded in the registry
of deeds for the county within which such lands or other
property is situated, a description thereof sufficiently ac-
curate for identification, with a statement of the purpose
for which the same were taken, signed by the water com-
missioners hereinafter provided for.

Section 4. The said town shall pay all damages sus-
tained by any person in property by the taking of any
land, right of way, water, water source, water right or
easement, or by any other thing done by said town under
the authority of this act. Any person sustaining dam-
ages as aforesaid under this act, who fails to agree with said
town as to the amount of damages sustained, may have
the damages assessed and determined in the manner pro-
vided by law when land is taken for the laying out of
highways, on a})plication at any time within the period of
three years from the taking of such land or other prop-
erty, or the doing of other injury, under the authority of
this act; but no such application shall be made after
the expiration of said three years. No application for
assessment of damages shall be made for the taking of
any water, water right, or for any injury thereto, until

May construct
and lay clown
conduits, pipes
and other works.

A description of
land, etc , taken
to be filed and
recorded in the
registry of
deeds.

Damages to be
paid by the
town.

Application for
daniatres not to
be made until
water is actually
diverted.

438

1883. — Chapter 152.

South Abington
Water Loau.

Sinking fund to
be established.

Payment of cur.
rent annual ex-
penses and in-
terest.

Penalty for pol-
luting water or
injuring prop-
erty.

Board of water
conimissionors
to be elected.

the water is actually withdrawn or diverted by said town
under the authority of this act.

Section 5. The said town may, for the purpose of
paying the necessary expenses and liabilities incurred
under the provisions of this act, issue from time to time
bonds, notes or scrip, to an amount not exceeding in the
aggregate tifty thousand dollars ; such bonds, notes and
scrip shall bear on their face the words " South Abington
"Water Loan : " shall be payable at the expiration of peri-
ods not exceeding thirty years from the date of issue ;
shall bear interest payable semi-annually, at a rate not
exceeding six per centum per annum, and shall be signed
by the treasurer of the town and be countersigned by the
water commissioners hereinafter provided for. The said
town may sell such securities at public or private sale, or
pledge the same for money borrowed for the purposes of
this act, upon such terms and conditions as it may deem
proper. The said town shall provide, at the time of con-
tracting said loan, for the establishment of a sinking fund,
and shall annually contribute to such fund a sum suffi-
cient, with the accumulations thereof, to pay the principal
of said loan at maturity. The said sinking fund shall re-
main inviolate and pledged to the payment of said loan,
and shall be used for no other purpose.

Section 6. The said town shall raise annually by tax-
ation a sum which with the income derived from the water
rates, will be sufficient to pay the current annual expenses
of operating its water works, and the interest as it accrues
on the bonds, notes and scrip issued as aforesaid by said
town, and to make such contributions to the sinkins; fund
and payments on the principal as may be required under
the provisions of this act.

Section 8. The said town shall, after its acceptance
of this act, at a legal meeting called for the purpose, elect

1883. — Chapter 153.

439

by ballot five persons to contract for and superintend the
construction and completion of the water works, who may
exercise all rights, powers and privileges for that purpose
herein granted, subject to instructions from the town ; at
said meeting there shall be elected by ballot three persons
to hold office, one until the expiration of three years, one
until the expiration of two years, and one until the expi-
ration of one year from the next succeeding annual town
meeting, to constitute a board of water commissioners ;
and at each annual town meeting thereafter one such com-
missioner shall be elected by ballot for the term of three
years. Said commissioners shall have charge of the water
works when completed. All the authority granted to the Powers.
said town by this act and not otherwise specifically pro-
vided for, shall be vested in said board of water commis-
sioners, who shall be subject, however, to such instruc-
tions, rules and regulations as said town may impose by
its vote ; the said commissioners shall be trustees of the
sinking fund herein provided for, and a majority of said
commissioners shall constitute a quorum for the transac-
tion of business relative both to the water works and to
the sinking fund. Any vacancy occurring in said board vacancy.
from any cause may be filled for the remainder of the un-
expired term by said town, at any legal town meeting
called for the purpose.

Section 9. This act shall take effect upon its accept-
ance by a two-thirds vote of the voters of said town, pres-
ent and voting thereon at a legal town meeting called for
the purpose within three years from its passage ; but the
number of meetings so called in any year shall not exceed
three. Approved April 30, 1883.

An Act to authorize and empower the college of physi- (JJkxj) 153
ctans and surgeons to confer the degree of doctor of -^*

medicine

Be it enacted, etc., as follows :

Section 1. The College of Physicians and Surgeons May confer the
of Boston, incorporated under the general laws of this of mldidne°*''°'^
Commonwealth, is hereby authorized and empowered to
confer the degree of doctor of medicine : provided, that Proviso.
no degree shall be conferred without the consent of three-
fourths of the members of its faculty and a majority of its
trustees.

Section 2. This act shall take effect upon its passage.

Approved April 30, 1883.

Subject to ac-
ceptance by a
two-thirds vote.

440

1883. — Chapter 154.

Chap.154:

Boundary line
eatablished.

Stone monu-
ments to be
erected to mark
the line.

An Act establishing a portion of the boundart line be-
tween THE COMMONAVEALTH OF MASSACHUSETTS AND THE STATE
OF RHODE ISLAND.

Be it enacted, etc., as foUoivs :

Section 1. The boimdaiy line between the Common-
wealth of Massachusetts and the state of Rhode Island,
from the easterl}^ line of the state of Connecticut to Burnt
Swamp Corner, shall be and herel)}^ is fixed as follows, to
wit: — Beginning at a monument of dressed granite
marked " Mass." on the north, " R. I." on the south, and
" Con." on the west sides, standing at the northwest cor-
ner of the state of Rhode Island, in latitude 42° 0' 29.45'',
lono-itude 71° 48' 18.07" w^est of Greenwich : thence run-
ning easterly in a straight line to a pile of stones on the
westerly bank of Walhmi Pond at high-water mark ;
thence eastcrlj^ in a straight line to' the southwest corner
of Uxbridge and the southeast corner of Douglas to a
monument of dressed stone marked " D. Nov. 9, 1829,"
on northwest face, and " U." on east face, and " B." on
south face ; thence running easterly in a straight line to a
point formed by the intersection of the easterly line of
Harris Avenue, so called, with the southerly line of Gas-
kill Street, near the village of Waterford, and about fif-
teen rods easterly of the easterly bank of Blackstone
River ; thence running easterly in a straight line to a
monument of split stone granite, about five feet above
ground, having five faces, marked on the west face " M.,"
on the northeast fiice " B." and on the south face " C." ;
thence easterly in a straight line to the stone monument
now standing on Wrentham Plain at Burnt Swamp Cor-
ner, in latitude 42° V 8.60", longitude 71° 23' 13.26"
west of Greenwich, marked on two sides "Mass." and
on the other two sides, " R. I."

Section 2. The commissioners appointed for the pur-
pose of causing to be removed the stone monuments
erected to mark the conventional line between this Com-
monwealth and the state of Rhode Island from the easterly
line of the state of Connecticut to Burnt Swamp Corner
by the commissioners in eighteen hundred and forty-seven
and eighteen hundred and forty-eight, on the part of the
Commonwealth of Massachusetts, be and they hereby are
authorized to procure and set up stone monuments at such
points on said line, of such size and with such marks as
may by them ])e deemed expedient, acting conjointly with
the commissioners of the state of Rhode Island.

1883. — Chapters 155, 156, 157, 158.

441

Sections. This act shall take effect when a similar to take effect
act shall have been passed by the state of Ehode Island, Tctl" passed by
establishing the line in this act described. uhodeWand.

Approved April 30, 1883.

An Act kelating to the inspection of buildings in the city

of boston.

Chap. 155

Be it enacted, etc., as follows :

Section two of chapter three hundred seventy-one of inspection of
the acts of the year eighteen hundred and seventy-two Bostonr''^
is amended by adding at the end of the seventeenth line
the words : " except in case of buildings not exceeding
fifteen feet in height measured from the surface of the
ground, nor exceeding five hundred feet in area, the exter-
nal walls of which shall not be less than eight inches thick."

Approved April 30, 1883.

Chap.156

Town meeting

warrants, list
of voters, etc.,
not to be de-
faced.

An Act to punish persons who wilfully tear down ORyOEFACE
TOWN MEETING WARRANTS AND OTHER PAPERS POSTED IN COM-
PLIANCE with law.

Be it enacted, etc., as follows :

Any ])erson who shall wilfully and maliciously, or wan-
tonly and witliout cause tear down, remove or deface any
town meeting warrant, list of voters, list of jurors or other
notice or paper posted in compliance with law, shall be
punished by fine not exceeding ten dollars.

Approved April 30, 1883.

An Act relating to the employment of minors and women. CJlCip.1.57
Be it enacted, etc., asfolloivs:

Section 1. Section four ofchapter seventy-four of the Hours of labor

Public Statutes, relating to the employment of minors and womenhTmer.

cantile and me-
clianical estab-
lishments.

women, is hereby amended by inserting in the second
line, after the word " manufacturing," the following words ;
" mechanical or mercantile."

Section 2. This act shall take effect on the first day
of July in the year eighteen hundred and eighty-three.

Approved May 3, 1883.

An Act in relation to the returns of births by physicians and (77ia7).158

midwives. ^ '

Be it enacted, etc., as follows :

Section 1. Section seven ofchapter thirty-two of the to report

Public Statutes is amended so as to read as follows : orbirlha." '^
" Section 7. Physicians and midwives shall on or before

M2 • 1883.— Chapters 159, 160.

the fifth day of each month report to the clerk of each
city or town, except Boston, a correct list of all children
born therein during the mouth next preceding, at whose
birth they were present, stating the date and place of
each birth, the name of the child (if it has any), the sex
and color of the child, the name, place of birth and resi-
dence of the parents, and the occupation of the father.
Fee for making The fee of the phvsician or midwife shall be twenty-five

return x */ ^ «/

cents for each birth so reported and shall be paid by the
city or town in which the report is made."

Section 2. This act shall take effect upon its passage.

Approved May 3, 1883.

0^ff/>.159 -An Act to confirm a deed of daniel scudder to the barn-
■^ stable savings bank.

Be it enacted^ etc., as follows:
Deed confirmed. SECTION 1. The deed of Dauicl Scuddcr to the Barn-
stable Savings Bank, bearing date the seventeenth day of
April in the year eighteen hundred and seventy-five, re-
corded in the registry of deeds for the county of Suffolk,
book twelve hundred and sixty-five, folio eighty-seven,
shall have the same force and effect as if said savings
bank could then take and hold under said deed the real
estate described therein.

Section 2. This act shall take efiect upon its passage.

Approved May 3, 1883.

ChClV.\GO ^^ ^^"^ '^^ INCORPORATE THE EAST WEYMOUTH "WATER COMPANY.

Be it enacted, etc., as follows:

East Weymouth Section 1. Pctcr W. French, Leavitt Bates, Zachariah

J5!co%'o^ratr L. Bicknell, John P. Lovell, Nathan D. Canterbury,

Marshall C. Dizer, Joseph Totman, and their associates

and successors, are hereby made a corporation by the

name of the East Weymouth Water Company, for the

May supply purposc of fumishiug the inhabitants of the town of Wey-

waten"'"'^ '^'*'' mouth with water for the extinguishment of fires, and for

domestic and other purposes ; with all the powers and

privileges, and subject to all the duties, restrictions and

liabilities set forth in all genei'al laws which now are or

may hereafter be in force applicable to such corporations.

May take the SECTION 2. The said Corporation, for the purposes

mouThGrllr" aforcsaid, may take, by purchase or otherwise, and hold,

Pond. tiie water of " Weymouth Great Pond," so called, in the

town of Weymouth, and the waters which flow into and

from the same, and the water rights connected with any

1883. — Chapter 160.

443

such water sources, and also all lands, rights of way and
easements, necessary for holding and preserving such
water, and for conveying the same to any part of said
town ; and may erect on the land thus taken or held,
proper dams, buildings, fixtures and other structures, and
may make excavations, procure and operate machinery,
and provide such other means and appliances as may \je
necessary for the establishment and maintenance of com-
plete and eflective water works ; and may construct and
lay down conduits, pipes and other works under or over
any lands, water courses, railroads, or public or private
ways, and along any such ways in such manner as not
unnecessarily to obstruct the same ; and for the purpose
of constructing, maintaining and repairing such conduits,
pipes and other works, and for all proper purposes of this
act, said corporation may dig up any such lands, " and,
under the direction of the board of selectmen of the town
in which any such ways are situated, may enter upon and
dig up any such ways in such manner as to cause the least
hindrance to public 'travel on such ways.

Section 3. The said*corpuration shall, within sixty
days after the taking of any lands, rights of way, water
rights, water sources or easements as aforesaid, otherwise
than by purchase, file and cause to be recorded in the
registry of deeds for the county within which such lands or
other property is situated, a description thereof sufficiently
accurate for identification, with a statement of the purpose
for which the same were taken, signed by the president
of the corporation.

Section 4. The said corporation shall pay all damages
sustained by any person in property by the taking of any
land, right of way, water, water source, water right or
easement, or by any other thing done by said corporation
under the authority of this act. Any person sustaining
damages as aforesaid under this act, who fails to agree
with said corporation as to the amount of damages sus-
tained, may have the damages assessed and determined in
the manner provided by law when land is taken for the
laying out of highways, on application at any time within
the period of three years from the taking of such land or
other property, or the doing of other injury, under the
authority of this act; but no such application shall be
made after the expiration of said three years. No appli-
cation for assessment of damages shall be made for the

May conBtruet
and lay down
conduits, pipes
and otber works.

A description of
land, etc., talien,
to l)e tiled and
recorded in the
registry of deeds
■within sixty
days.

Corporation to
pay damages.

No application
to be made for
damages until

444:

1883. — Chapter 160.

•water is actually
diverted.

May distribute
■water and fix
rates to be paid
for its use.

Corporation
may connect
pipes with tliose
of liie Hinghani
Water Com-
pany.

Provisos.

Real estate, cap-
ital stocli and
ebares.

Penalty for cor-
rupting or di-
verting water.

taking of any water, water right, or for any injury thereto,
until the water is actually withdrawn or diverted by said
corporation under the authority of this act.

Section 5. The said corporation may distribute the
water through said town of Weymouth ; may regulate
the use of said water and fix and collect rates to be paid
for the use of the same ; and may make such contracts
with the said town, or with any fire district that is or may
hereafter be established therein, or with any individual or
corporation, to supply water for the extinguishing of fire
or for other purposes, as may be agreed upon by said
town, or such fire district, individual or corporation, and
said corporation.

Section 6. The said corporation may, at any time
during the continuance of this charter, connect its con-
duits or pipes with those of the Hingham AVater Company
at the boundary line between the towns of Hingham and
Weymouth, if said Hingham Water Company shall con-
sent thereto, and may contract with said Hingham Water
Company for a supply of water necessary for the purposes
of this act, upon such terms as the said corporations may
mutually agree ; and the said Hingham Water Company is
authorized to make such connection of its own conduits
or pipes, and to furni^h water to said East Weymouth
Water Company and to enter into contracts for the same :
provided, that nothing herein contained shall be con-
strued to compel the said Hingham Water Company to
make or permit said connection or to furnish said water;
and provided, further, that whenever from any reason the
supply of water of said Hingham Water Company shall
not be more than suflicient for the needs of the residents
of the towns of Hingham, Hull and Cohasset, the resi-
dents of the said towns of Hingham, Hull and Cohasset
shall be first supplied.

Section 7. The said cor[)()rati()n may, for the pur-
poses set forth in this act, hold real estate not exceeding
in amount ten thousand dollars; and the whole capital
stock of said corporation shall not exceed one hundred
thousand dollars, to be divided into shares of one hundred
dollars each.

Section 8. Whoever wilfully or w^antonly corrupts,
pollutes or diverts any of the waters taken or held under
this act, or injures any structure, work or other property
owned, held or used by said corporation under the author-

1883. — Chapter 160. 445

ity and for the purposes of this act, shall forfeit and pay-
to said corporation three times the amount of damages
assessed therefor, to be recovered in an action of tort ;
and upon conviction of either of the above wilful or wan-
ton acts shall be punished by a fine not exceeding three
hundred dollars or by imprisonment not exceeding one
year.

Section 9. The said corporation may purchase from May purchase

ii n 1 i. i • 1 • water from

the owner or any aqueduct or water pipes now used in aqueduct, etc.
furnishing water for the purpose of extinguishing fires in
said town of Weymouth, all the estate, property rights
and privileges of such owner, and by such purchase shall
become subject to all the liabilities and duties to such
owner appertaining.

Section 10. The said corporation may issue bonds, May issue bonds

d,i 1 , -J. z' I • 1 and secure by

secure the same by a mortgage on its rranchise and mortgage.

other property to an amount not exceeding its capital

stock actually paid in and applied to the purposes of its

incorporation.

Section 11. The said town of Weymouth shall have Townof Wey-
the right, at any time during the continuance of the purcha™?nin-
charter hereby granted, to purchase the franchise, corpo- enTonbe cTrl
rate property and all the rights and privileges of said cor- po'"=i"on-
poration at a price which may be mutually agreed upon
between said corporation and the said town; and the said
corporation is authorized to make sale of the same to said
town. In case said -corporation and said town are unable
to agree, then the compensation to be paid shall be deter-
mined by three commissioners, to be appointed by the
supreme judicial court, upon application of either party
and notice to the other, whose award when accepted by
said court shall be binding upon all parties. This author- subject to assent
ity to purchase said franchise and property is granted on twoXrd^vote.
condition that the same is assented to hy said town, by a
two-thirds vote of the voters present and voting thereon
at a meeting called for that purpose.

Skction 12. The county commissioners for the county Security for pay.

•ii • 1-1 11 i. i. -lii.! 1 meiit of damages

withm which any land, water or water rights taken under and costs, may
this act is situated, shall, upon application of the owner '^*-' '■''i""''^<i-
thereof, require said corporation to give satisfactory secu-
rity for the payment of all damages and cosfs which may
be awarded such owner lor the land or other property so
taken ; but previous to requiring such security the county
commissioners shall, if application therefor is made by

446

1883. — Chapter 161.

either party, make an estimate of the damages which may
result from such taking, and the county commissioners
shall in like manner require further security, if at any
time the security before required appears to them to have
become insufficient; and all the right or authority of said
corporation to enter upon or use such land or other prop-
erty, except for making surveys, shall be suspended until
it gives the security so required.

Section 13. This act shall take effect upon its passage.

Ap2)roved May 3, 1883.

Powow Hill
Water Company
incorporated.

May supply
Amesbury and
8ali^bury with
water.

May take the
water of the
east branch of
i'owow River.

O/irtT^.lGl An Act to incorporate the powow hill water company.
Be it enacted^ etc., as follows:

Section 1. William E. Biddle, Jacob R. Huntington,
Marquis D. F. Steere, Richard F. Briggs, E. Ripley
Sibley, and their associates and successors, are hereby
made a corporation by the name of the Powow Hill
Water Company, for the purpose of furnishing the inhab-
itants of the towns of Amesbury and Salisbury with
water for the extinguishment of fires and for domestic
and other purposes; with all the powers and privileges,
and sul)ject to all the duties, restrictions and liabilities
set forth in all general laws which now are or may here-
after be in force applicable to such corporations.

Section 2. The said corporation, for the purposes
aforesaid, may take, by purchase or otherwise, and hold,
the water of the east branch of Powow River in the town
of Salisbury, known as " Back River," at a point on said
river known as " Clark's Pond," and the water rights
connected with any such water sources, and also all
lands, rights of way and easements, necessary for holding
and })reserving such water, and for conveying the same to
any part of said towns ; and may erect on the land thus
taken or held, proper dams, buildings, fixtures and other
structures, and may make excavations, procure and ope-
rate machinery, and provide such other means and a[)})li-
ances as may be necessary for the es^tablishment and
maintenance of complete and clfeclive water works ; and
may construct and lay cIowmi conduits, pipes and other
works under or over any lands, water courses, railroads,
or public or private ways, and along any such ways in
such maimer as not unnecessarily to obstruct ihe same ;
and for the purpose of conslructi ng, maintaining and re-
pairing such conduits, pipes and other works, and for all

May construct
and lay down
conduits, pipes
and other works

1883. — Chapter 161.

447

proper purposes of this act, said corporation may dig up
any such lands, and, under the direction of the board of
selectmen of the town in which any such ways are situ-
ated, may enter upon and dig up any such ways in such
manner as to cause the least hindrance to public travel
on such ways.

Section 3. The said corporation shall, within sixty
days after the taking of any lands, rights of way, water
rights, water sources or easements as aforesaid, otherwise
than by purchase, file and cause to be recorded in the
registry of deeds for the county within which such lands
or other property is situated, a description thereof suffi-
ciently accurate for identification, with a statement of the
purpose for which the same were taken, signed by the
president of the corporation.

Section 4. The said corporation shall pay all damages
sustained by any person in property by the taking of any
land, right of way, water, water source, water right or
easement, or by any other thing done by said corporation
under the authority of this act. Any person sustaining
damages as aforesaid under this act who fails to agree
with said corporation as to the amount of damages sus-
tained, may have the damages assessed and determined in
the manner provided by law Avhen land is taken for the
laying out of highways, on application at any "time within
the period of three years from the taking of such land or
other property, or the doing of other injury, under the
authority of this act ; but no such application shall be
made after the expiration of said three years. No ap-
plication for assessment of damages shall be made for
the taking of any water, Avater right, or for any injury
thereto, until the water is actually withdrawn or diverted
by said corporation under the authority of tliis act.

Section 5. The said corporation may distribute the
water through said towns or either of them ; may regulate
the use of said water and fix and collect rates to be paid
for the use of the same ; and may make such contracts
with the said towns or with either of them or with any
fire district that is or may hereafter be established therein,
or with any individual or corporation, to supply Avater for
the extinguishing of fire or for other purposes, as may be
agreed upon by said towns or either of them, or such fire
district, individual or corporation, and said corporation.

A description of
the land, etc.,
taken, to be filed
and recorded in
the registry of
deeds.

Corporation to
pay damages.

No application
to be made for
damages until
WMter is actually
diverted.

May distribute
water and fix
rates to be paid
for its use.

448

1883. — Chapter 161.

Real estate, cap-
ital stock and
shares.

Penalty for cor-
rupting or di-
verting water.

May purchase
water pities now
in use.

May issue bonds
and secure by
mortgage.

Towns of Ames-
bury and Salis-
bury may pur-
chase properly
and rights of the
corporation.

Subject to assent
of towns by two-
thirds vote.

Section 0. The said corporation may, for the pur-
poses set forth in this act, hold real estate not exceeding
in amount ten thousand dollars ; and the whole capital
stock of said corporation shall not exceed seventy-tive
thousand dollars, to be divided into shares of one hun-
dred dollars each.

Section 7. AVhoever Avilfully or wantonly corrupts,
pollutes or diverts any of the waters taken or held under
this act, or injures any structure, work or other property
owned, held or used by said corporation under the au-
thority and for the purposes of this act, shall forfeit and
pay to said corporation three times the amount of dam-
ages assessed therefor, to be recovered in an action of
tort ; and upon conviction of either of the above wilful
or wanton acts shall be punished by a fine not exceeding
three hundred dollars or by imprisonment not exceeding
one year.

Section 8. The said corporation may purchase from
the owner of any water pipes now used in furnishing*
water for the purpose of extinguishing fires in either of
the said towns, all the estate, property rights and privi-
leges of such owner, and by. such purchase shall become
subject to all the liabilities and duties to such owner
appertaining.

Section 9. The said corporation may issue bonds, and
secure the same by a mortgage on its franchise, and other
property, to an amount not exceeding its capital stock
actually paid in and applied to the purposes of its incor-
poration.

Section 10. The said towns shall have the right, at
any time during the continuance of the charter hereby,
granted, to purchase the corporate property and all the
rights and privileges of said corporation at a price which
may be mutually agreed upon between said corporation
and the said towns ; and the said corporation is authorized
to make sale of the same to said towns, or either of them.
In case said corporation and said towns are unable to
agree, then the compensation to be paid shall be deter-
mined by three commissioners, to be appointed by the
supreme judicial court, upon application of either party
and notice to the other, whose award, when accepted by
said court, shall be binding upon all parties. This au-
thority to purchase said franchise and property is granted
on condition that the same is assented to by each of said

1883. — Chapter 162. 449

towns, by a two-thirds vote of the voters present and
voting thereon at a meeting called for that purpose.

Section 11. The county commissioners for the county security for pay.
within which any hmd, water or water rights taken under ^nd'costsl'maf'*
this act is situated, shall, upon application of the owner ^^ '''^^"''■*^^'
thereof, require said corporation to give satisfactory
security for the payment of all damages and costs which
may be awarded such owner for the land or other prop-
erty so taken ; but previous to requiring such security the
county commissioners shall, if application therefor is made
by either party, make an estimate of the damages which
may result from such taking, and the county commis-
sioners shall in like manner require further security, if at
an}^ time the security before required appears to them to
have become insufficient ; and all the right or authority
of said corporation to enter upon or use such land or
other property, except for making surveys, shall be sus-
.pended until it gives the security so required.

Section 12. This act shall take eifect upon its passage.

Approved May 3, 1883.

An Act to incorporate the quincy a^^ater company. (7/iC?X).162

Be it enacted^ etc., as follows:

Section 1. AVilliam L. Faxon, John A. Gordon, John Qnincy water
O. Holden, Charles H. Porter and their associates and poraufd.^ '°'^°''
successors, are hereby made a corporation by the name
of the Quincy Water Company, for the purpose of fur-
nishing the inhabitants of the town of Quincy with water
for the extinguishment of tires, and for domestic and other
purposes ; with all the powers and privileges, and subject
to all the duties, restrictions and liabilities set forth in all
general laws which now are or may hereafter be in force
applicaljle to such corporations.

Section 2. The said corporation for the purposes May take the
aforesaid may take, by purchase or otherwise, and hold, Brook at any
the water, or so much thereof as may be necessary, of wafer stree'tin
"Town Brook," so called, in the town of Quincy, at any Q"'"'=y-
point south of Water Street in said town, and the water
rights connected therewith, and also all lands, rights of
way and easements, necessary for holding and preserving
such water, and for conveying the same to any part of
said town ; and may erect on the land thus taken or held,
proper dams, buildings, fixtures and other structures ;
and may make excavations, procure and operate niachin-

450

1883. — Chapter 162.

May construct
and lay down
conduits, pipes
and other ■works.

Proviso.

A description of
the land, etc.,
taken, to be tiled
and recorded iu
the registry of
deeds.

Payment of
damages.

No application
to be made for
damages until
water is actually
withdrawn.

ery, and provide such other means and appliances as may
be necessary for the establishment and maintenance of
complete and effective water works ; and may construct
and la}' down conduits, pipes and other Avorks under or
over any lands, water courses, raili'oads, or public or pri-
vate ways, and along any such ways in such manner as not
unnecessarily to obstruct the same ; and for the purpose
of constructing, maintaining and repairing such conduits,
pipes and other works, and for all proper puiposes of
this act, said corporation may dig up any such lands, and,
under the direction of the board of selectmen of the town
iu which any such ways are situated, may enter upon, and
dig up any such ways in such manner as to cause the least
hindrance to pul)lic travel on such ways : provided, that
no taking or holding of water under authority of this act
shall impair the supply of water now used by said town
for the extinguishment of tires.

Section 3. The said corporation shall, within sixty
days after the taking of any lands, rights of way, water
rights; water sources or easements as aforesaid, otherwise
than by purchase, file and cause to be recorded in the reg-
istry of deeds for the county within which such lands or
other property is situated, a description thereof sufficiently
accurate for identitication, with a statement of the purjDOse
for which the same were taken, signed by the president of
the corpoiation.

Section 4. The said corporation shall pay all damages
sustained by any person in property by the taking of any
land, right of way, water, water source, water right or
easement, or by any other thing done by said corporation
under the authority of this act. Any person, sustaining
damages as aforesaid under this act, who fails to agree
with said corporation as to the amount of damages sus-
tained, may have the damages assessed and determined in
the manner provided by law when land is taken for the
laying out of highways, on application at any time within
the period of three years from the taking of such land or
other property, or the doiug of other injury, under the
authority of this act ; but no such application shall be
made after the expiration of said three years. No appli-
cation for assessment of damas^es shall be made for the
taking of any water, water right, or for any injury
thereto, until the water is actually withdrawn or diverted
by said corporation under the authority of this act.

1883. — Chapter 162. 451

Section 5. The said corporation may distribute the May distribute

, . - r /^ - 11 water through

water through said town ot Quincy ; may regulate the use the town of
of said water and fix and collect rates to be paid for the ^"'"*^^'
use of the same ; and may make such contracts with the
said town, or with any fire district that is or may here-
after be established therein, or with any individual or
corporation, to supply water for the extinguishing of fire
or for other purposes, as may be agreed upon by said
town, or such fire district, individual or corporation, and
said corporation.

Section 6. The said corporation may, for the pur- Real estate and
poses set forth in this act, hold real estate not exceeding
in amount fifty thousand dollars ; and the whole capital
stock of said corporation shall not exceed two hundred
and fifty thousand dollars, to be divided into shares of one
hundred dollars each.

Section 7. Whoever wilfully or wantonly corrupts, Penalty for poi.

1111 luting wjittT or

pollutes or diverts any of the waters taken or held under for injury to
this act, or injures any structure, work or other property ^'^"p*"'^'
owned, held or used by said corporation under the author-
ity and for the purposes of this act, shall forfeit and pay
to said corporation three times the amount of damages
assessed therefor, to be recovered in an action of tort ;
and upon conviction of either of the above wilful or
wanton acts shall be punished by a fine not exceeding
three hundred dollars or by imprisonment not exceeding
one year.

Section 8. The said corporation may issue bonds, and Mny issue bonds

, ^ .^ ^"^ , . , , and secure the

secure the same by a mortgage on its iranchise and other samebymort-
property, to an amount not exceeding its capital stock ^"^^"
actually paid in and applied to the purposes of its incor-
poration.

Section 9. The said town of Quincy shall have the Townmaypur-
right, at any time during the continuance of the charter and property.
hereby granted, to purchase the franchise, corporate prop-
erty and all the rights and privileges of said corporation at
a price which may be mutually agreed upon between said
corporation and the said town ; and the said corporation
is authorized to make sale of the same to said town. In case
said corporation and said town are unable to agree, then
the compensation to be paid shall be determined by three
commissioners, to be appointed by the supreme judicial
court, upon application of either party and notice to the
other, whose award, when accepted by said court, shall
be binding upon all parties. This authority to purchase

452

1883.

Chaptek 162.

Subject to aBsent
by town, by a
two-thirJs vote.

" Quincy Water
Loan."

Sinking fund to
be established.

Sum sufficient
for current ex-
penses and inter-
est to be raised,
annually, by tax-
ation.

Board of water
commissioners
to be elected.

said franchise and property is granted on condition that
the same is assented to by said town, by a two-thirds
vote of the voters of said town, present and voting there-
on at a meeting called for that purpose.

Section 10. The said town may, for the purpose of
paying the cost of said franchise and corporate property
and the necessary expenses and liabilities incurred under
the provisions of this act, issue from time to time, bonds,
notes or scrip to an amount not exceeding, in the aggre-
gate, two hundred and fifty thousand dollars ; such bonds,
notes and scrip shall bear on their face the words
" Quincy Water Loan ; " shall be payable at the expira-
tion of periods not exceeding thirty years from the date
of issue ; shall bear interest payable semi-annually, at a
rate not exceeding six per centum per annum, and shall
be signed by the treasurer of the town, and countersigned
by the water commissioners hereinafter provided for.
The said town may sell such securities at public or private
sale, or pledge the same for money borrowed for the pur-
poses of this act upon such terms and conditions as it may
deem proper. The said town shall provide, at the time of
contracting said loan, for the establishment of a sinking
fund, and shall annually contribute to such fund a sum suffi-
cient, with the accumulations thereof, to pay the principal
of said loan at maturity. The said sinking fund shall re-
main inviolate, and pledged to the payment of said loan,
and shall be used for no other purpose.

Section 11. The said town shall raise annually, by
taxation, a sum which, with the income derived from the
water rates, will be sufficient to pay the current annual
expenses of operating its water works, and the interest as
it accrues, on the bonds, notes and scrip issued as afore-
said by said town, and to make such contributions to the
sinking fund and payments on the principal as may be re-
quired under the provisions of this act.

Section 12. The said town shall, after its purchase of
said franchise and corporate property, as provided in this
act, at a legal meeting called for the purjjose, elect by
ballot three persons to hold office, one until the expiration
of three years, one until the expiration of two years, and
one until the expiration of one year from the next suc-
ceeding annual town meeting, to constitute a board of
water commissioners ; and at each annual town meeting
thereafter one such commissioner shall be elected by bal-
lot for the term of three years. All the authority granted

1883. — Chapter 163. 455

to the said town by this act, aud not otherwise specifically
provided for, shall be vested in said board of water com-
missioners, who shall be subject, however, to snch in-
structions, rules aud regulations as said town may impose
by its vote ; the said commissiouers shall be trustees of To be trustees
the sinking fund herein provided for, aud a majority of fund.^*'" "'^
said commissioners shall constitute a quorum for the
transaction of business relative both to the water works
and to the sinking fund. Any vacancy occurriug in said
board from any cause may be filled for the remaiuder of
the unexpired term by said town, at any legal town meet-
ing called for the purpose.

Section 13. The county commissioners for the county Corporation may
withiu which any land, water or water rights taken uuder gfve'^sl'curuy"
this act is situated, shall, upon applicatiou of the owner d'^JnTag^eT."" °*
thereof, require said corporation to give satisfactory secu-
rity for the payment of all damages and costs w^hich may
be awarded such owner for the land or other property so
taken ; but previous to requiring such security the county
commissioners shall, if application therefor i.^ made by
either party, make an estimate of the damages which may
result from such taking, and the county commissiouers
shall in like manner require further security, if at any
time the security before required appears to them to have
become insufficient; and all the right or authority of said
corporation to enter upon or use such land or other prop-
erty, except for making surveys, shall be suspended until
it gives the security so required.

Section 14. This act shall take effect upon its passage.

Approved May 5, 1883.

An Act to incorpohate the marblehead watek company. Ghctp.lbo
Be it enacted.! ^/c., as fullows :

Section 1. Isaac C. Wyman, Thomas Appleton, Wil- warbkiiead
liam B. Brown, Hiram M. French, John C. Alden, pany.
Charles P. Mudge and their associates and successors are
hereby made a corporation by the name of the Marblehead
Water Company, for the purpose of furnishing the iuhab- AVater supply
itants of the town of Marblehead, or any other town or bidierd".^
city, with water for the extinguishment of fires, and for
domestic and other purposes ; with all the powers and
privileofes, and su])ject to all the duties, lestrictions and
liabilities set forth in all general laws which now are or
may hereafter be in force applicable to such corporations.

454

1883. — Chapter 163.

May take the
"water of " Put-
nam's Brook."

May construct
and lay down
conduits, pipes
and other
works.

A description of
the land, etc.,
taken, to be
filed and record-
ed in the regis-
try of deeds.

Liability for
damages.

Section 2. The said corporation, for the purposes
aforesaid, may take, by purchase or otherwise, and hold,
the water of " Putnam's Brook," so called, in the town of
Marblehead, and the water rights connected therewith,
and may purchase other water sources, and may take, by
purchase or otherwise, and hold all lands, rights of way
and easements, necessary for holding and preserving such
"water and for conveying the same to, into and through
any part of said town, or other town or city ; and may
erect on the land thus taken or held, proper dams, build-
ings, fixtures and other structures ; and may make exca-
vations, procure and operate machinery, and provide such
other means and applituices as may be necessary for the
establishment and maintenance of complete and effective
water works ; and mny construct and lay down conduits,
pipes and other works under or over any lands, water
courses, railroads, or public or private ways, and along
any such ways in such manner as not unnecessarily to
obstruct the same ; and for the purpose of constructing,
maintaining and repairing such conduits, pipes and other
works, and for all proper purposes of this act, said corpo-
ration may dig up any such lands, (tnd under the directioa
of the board of selectmen of the town, or the mayor and
aldermen of the city in which any such ways are situated,
may enter upon and dig up any such ways in such manner
as to cause the least hindrance to public travel on such
ways.

1883. — Chapter 163. 455

laying out of highways, on application at any time within

the period of three years from the taking of such land or

other property, or the doing of other injury, under the

authority of this act; but no such application shall be

made after the expiration of said three j^ears. No appli- No application

cation for assessment of damages shall be made for the damliaes'unm

taking of any water, water right, or for an}' injury there- ^/''vTthd^awn.'"

to, until the water is actually withdrawn or diverted by

said corporation under the authority of this act.

Section 5. The said corporation may distribute the May distribute
water through said town of iMaiblehead ; may regulate ^ui'coUect*'''
the use of said water, and tix and collect rates to be paid '"''''^*'
for the use of the same ; and may make such contracts
with the said town, or any other town or city, or with any
fire district that is or may hereafter bo established therein,
or with any individual or corporation, to supply water for
the extinguishing of fire or for other purposes, as may be
agreed upon by such town, city, fire district, individual or
corporation, and said corporation.

Section 6. The said corporation may, for the purposes Real estate and
set forth in this act, hold real estate not exceeding in *^^p"^i «'°'^''-
amount filfy thousand dollars ; and the whole capital
stock of said corporation shall not exceed two hundred
and fifty thousand dollars, to be divided into shares of one
hundred dollars each.

Section 7. Whoever wilfully or wantonly corrupts, Penalty for poi-
pollutes or diverts any of the waters taken or held under f!!l"i',fjuTy\'o'^' ""^
this act, or injures any structure, work or other property P'^p'^'^'^y-
owned, held or used by said corporation under the author-
ity and for the purposes of this act, shall forfeit and pay
to said corporation three times the amount of damages
assessed therefor, to be recovered in an action of tort ;
and upon conviction of either of the above wilful or wan-
ton acts shall be punished by a fine not exceeding three
hundred dollars or by imprisonment not exceeding one
year.

Section 8. The said corporation may issue bonds, and May issue
secure the same by a mortgage on its franchise and (jther cure by wort".
property to an amount not exceeding its capital stock ^^^^'
actually paid in and applied to the purposes of its incor-
poration.

Section 0. The said town of Marblohead shall have Town may, at
the right, at any time during the continuance of the ciiLt"fiaiR'hi8e
charter hereby granted, to purchase the franchise, corpo- ^'"1 p'op^'"^-
rate property, and all the rights and privileges of said

456

1883. — Chapter 163.

Subject to as-
sent bj' the
town, by a lw(
tliiiiln vote.

*' Marblehead
"Water Loan."

Sinking fund to
be provided.

Sum sufllciei t
for current ex-
peMROS and in-
terest to be
raii'ed, annually,
by taxation.

corporation, at a price which may be mutually agreed
upon between said corporation and the said town ; and
the said corporation is authorized to make sale of the
same to said town. In case said corporation and said
town are unable to agree, then the compensation to be
paid shall be determined by three commissioners, to be
appointed by the supreme judicial court, upon application
of either party and notice to the other, whose award,
when accepted by said court, shall be binding upon all
parties. This authority to purchase said franchise and
property is granted on condition that the same is assented
to by said town, by a two-thirds vote of the voters of said
town present and voting thereon at a meeting called for
that purpose.

Section 10. The said town may, for the purpose of
paying the cost of said franchise and corporate property,
and the necessary expenses and liabilities incurred under
the provisions of this act, issue from time to time, bonds,
notes or scrip, to an amount not exceeding iu the aggre-
o-ate two hundred and fifty thousand dollars ; such bonds,
notes and scrip shall bear on tlieir face the words " Mar-
blehead Water Loan ; " shall be payable at the expiration
of periods not exceeding thirty years from the date of
issue ; shall bear interest payable semi-annually, at a rate
not exceeding six per centum per annum, and shall be
signed by the treasurer of the town, and countersigned
by the water commissioners hereinafter provided for.
The said town may sell such securities at public or pri-
vate sale, or pledge the same for money borrowed for
the purposes of this act, upon such terms and conditions
as it may deem proper. The said town shall provide, at
the time of contracting said loan, for the establishment of
a sinking fund, and shall annually contribute to such fund
a sum sufficient, with the accumulations thereof, to pay
the principal of gaid loan at maturity. The said sinking
fund shall remain inviolate, and pledged to the payment
of said loan, and shall be used for no other purpose.

Section 11. The said town shall raise annually, by
taxation, a sum which, with the income derived from the
water rates, will be sufficient to pay the current annual
expenses of operating its water works, and the interest
as it accrues, on the bonds, notes and scrip issued as
aforesaid by said town, and to make such contributions to
the sinking fund and payments on the principal as may be
required under the provisions of this act.

1883. — Chapter 163.

457

Section 12. The said town shall, after its purchase of ^omJ^ji^Jj^.^J'^g
said franchise and corporate property, as provided in this to be eu cud.
act, at a legal meeting called for the purpose, elect by
ballot three persons to hold office, one until the expiration
of three years, one until the expiration of two years, and
one until the expiration of one year from the next suc-
ceeding annual town meeting, to constitute a board of
water commissioners ; and at each annual town meeting
thereafter one such commissioner shall be elected by ballot
for the term of three years. All the authority granted to
the said town by this act, and not otherwise specifically
provided for, shall be vested in said board of water com-
missioners, who shall be subject, however, to such instruc-
tions, rules and regulations as said town may impose by
its vote ; the said commissioners shall be trustees of the
sinking fund herein i)rovided for, and a majority of said
commissioners shall constitute a quorum for the transac-
tion of business relative both to the water works and to
the sinking fund. Any vacancy occurring in said board
from any cause may be filled for the remainder of the un-
expired term by said town, at any legal town meeting
called for the purpose.

.Section 13. The county commissioners for the county
within which any land, water or water rights taken under
this act is situuted, shall, upon application of the owner
thereof, require said corporation to give satisfactory secu-
lity for the payment of all damages and costs which may
be awarded such owner for the land or other property so
taken ; but previous to requiring such security the county
commissioners shall, if a})plication therefor is made by
either party, make an estimate of the damages which may
result from such taking, and the county commissioners
shall in like manner require further security, if at any
time the security before required appears to them to have
become insufficient ; and all the right or authority of said
corporation to enter upon or use such land or other prop-
erty, except ibr making surveys, shall be suspended until
it gives the security so required.

Section 14. This act shall take effect upon its passage.

Apf.rove I 3I< y 3, 1SS3.

Corporation
may be required
to fiive security
for damages.

458

1883. — Chapters 164,165, 166.

Chap.\Q4: An Act authorizing the treasurer of toe commonwealth

TO EMPLOY AN ADDITIONAL CLERK.

Be it enacted, etc., as follows. •
Trcasurtr may SECTION 1. The treasurer of the Commonwealth, in
timm'i'cierk!'^'^'' addition to the clerks whom he is now authorized to em-
ploy, may employ in his office a fund clerk, at an annual
salary of twelve hundred dollars.

Section 2. This act shall take effect upon its passage.

Approved May 3, 1883.

Chap.

165 An Act relative to the confirmation of proceedings of the
evangelical religious society in wayland.

Election of
members con-
firmed.

Proceedings
may be con-
firmed by vote
of members.

Meeting of the
801 ifty may be
called.

Chap.\66

Water supply
for Wellesley.

Be it enacted, etc., asfolloivs:

Section 1. The election of Jonas N. Morse, Hodijah
B. Bramun, George Gleason, Ira B. Draper and Edward
Carter as members of the Evangelical Religious Society
in Wayland is confirmed and made valid ; and said per-
sons may, at a meeting called for the purpose, by vote
confirm any proceeding of said society so far as the same
was affected by any defect or irregularity in the manner
of the calling of the meetings of the society, the election
of its members or the qualification of its officers ; and
said society shall be held to continue to exist as a legal
and valid corporation notwithstanding any such defect or
irregularity.

Section 2. A meeting of the society under the provi-
sions of the preceding section may be called by any two
of the persons therein named by a notice stating the time,
place and purpose of the meeting, a copy of which notice
shall, seven days at least before the day appointed for the
meeting, be posted upon the principal outer door of the
meeting house of said society and also be given to each of
said persons or left at his last or usual place of residence.

Section 3. This act shall take effect upon its passage.

Approved May 3, 1883.

An Act to supply the town of wellesley with water.
Be it enacted, etc., as fullows:

Section 1. The town of Wellesley may supply itself
and its inhabitants with water for the extinguishment of
fires, and for domestic and other purposes ; may establish
fountains and hydrants, re-locate or discontinue the same ;
may regulate the use of such water, and fix and collect
rates to be paid for the use of the same.

1883. — Chapter 166.

459

Section 2. The said town, for the purposes aforesaid,
may take, by purchase or otherwise, and hold, the water
of Charles River within the limits of or where it borders
on said town, and of Longfellow's Pond, so called, within
the limits of said town, and the water rights connected
with any such water sources; and also all lands, rights of
way and easements, necessary for holding and preserving
such water, and for conveying the same to any part of
said town ; and may erect on the land thus taken or held
proper dams, buildings, tixtures and other structures, and
may make excavations, procure and operate machinery,
and provide such other means and appliances as may be
necessary for the establishment and maintenance of com-
plete and effective water works ; and may construct and
lay down conduits, pipes and other works under, through
or over any lands, water courses, public works, railroads,
public or private ways, and along any such way, in such
manner as not unnecessarily to obstruct the same ; and
for the purpose of constructing, maintaining and repairing
such conduits, pipes and other works, and for ail proper
purposes of this act, said town may dig up any such lands
or ways, in such manner as to cause the least hindrance to
public travel on such ways.

Section 3. The said town shall, within sixty days
after the taking of any lands, rights of way, water rights,
water sources or easements as aforesaid, other than by
purchase, file and cause to be recorded in the registry of
deeds for the county within which such lands or other
property is situated, a description thereof sufficiently
accurate for identification, with a statement of the pur-
pose for which the same w^ere taken, signed by the water
commissioners hereinafter provided for.

Section 4. The said town shall pay all damages sus-
tained by any person in property by the taking of any land,
right of way, water, water source, water right or ease-
ment, or by any other thing done by said town under the
authority of this act. Any person sustaining damnges as
aforesaid under this act, who fails to agree with said town
as to the amount of damages sustained, may have the
damages assessed and determined in the manner provided
by law, where land is taken for the laying out of high-
ways, on application at any time within the perioel of
three years from the taking of said land or other prop-
erty, or the doing of other injury, under the authority of
this act ; but no such application shall be made after the

May take water
of Charles
Rivc^r anil Long-
fellow's Pond.

May construct
and lay down
conduits, pipes,
and other
work8.

A description of
land, etc , taken
to be filed and
recorded in the
registry of
deeds.

Damages to be
paid by the
town.

460

1883. — Chapter 166.

Application for
damngee not to
be naiuU! until
•water is actually
diverted.

"Welleeley
Water Loau,"

Sinking fund to
be established.

Bum BufiScicnt
to pay interest
and current
expenses, to be
raised annually
by taxation.

Penalty for pol-
luting water, or|
for injury to
property.

expiration of said three years. No application for assess-
ment of damages shall be made for the taking of any
water, water right, or for any injury thereto, until the
water is actually Avithdrawn or diverted by said town
under the authority of this act.

Sectiox 5. The said town may, for the purpose of
paying the necessary expenses and liabilities incurred
under the provisions of this act, issue from time to time,
bonds, notes or scrip, to an amount not exceeding in the
aggregate fifty thousand dollars ; such bonds, notes and
scrip shall bear on their face the words " Wellesley
Water Loan ; " shall be payable at the expiration of
periods not exceeding thirty years from the date of issue ;
shall bear interest payable semi-annually at a rate not
exceeding six per centum per annum, and shall be signed
by the treasurer of the town and countersigned by the
water commissioners hereinafter provided for. The said
town may sell such securities at public or private sale, or
pledge the same for money borrowed for the purposes of
this act, upon such terms and conditions as it may deem
proper. The said town shall provide, at the time of con-
tracting said loan, for the establishment of a sinking
fund, and shall annually contribute to such fund a sum
sufficient, with the accumulations thereof, to pay the prin-
cipal of said loan at maturity. The said sinking fund
shall remain inviolate and pledged to the payment of said
loan, and shall be used for no other purpose.

Section 6. The said toAvn shall raise annually, by tax-
ation, a sura which, with the income derived from the
water rates, will be sufficient to pay the current annual
expenses of operating its water works, and the interest,
as it accrues, on the said bonds, notes and scrip issued as
aforesaid by said town, and to make such contributions to
the sinking fund and payments on the principal as may be
required under the provisions of this act.

Section 7. Whoever wilfully or wantonly corrupts,
pollutes or diverts any of the waters taken or held under
this act, or injures any structure, work or other property
owned, held or used by said town, under the authority
and for the purposes of this act, shall forfeit and pay to
said town three times the amount of damages assessed
therefor, to be recovered in an action of tort ; and upon
conviction of either of the above wilful or wanton acts
shall be punished by a fine not exceeding three hundred
dollars, or by imprisonment not exceeding one year.

1883. — Chaptee 167.

461

Section 8. The said town shall, after its acceptance Board of water

, . 1 1 1 (• 1 1 i commissionera

of this act, at a legal meeting called tor the purpose, elect to be elected.
by ballot three persons to hold office, one until the expi-
ration of three years, one until the expiration of two
years, and one until the expiration of one year from the
next succeeding annual town meeting, to constitute a
board of water commissioners ; and at each annual town
meeting thereafter one such commissioner shall be elected
by ballot for the term of three years. All the authority
granted to the said town by this act, and not otherwise
specitically provided for, shall be vested in said board of
water commissioners who shall be subject, however, to
such instructions, rules and regulations as said town may
impose by its vote ; the said commissioners shall be
trustees of the sinking fund herein provided for, and a
miijority of said commissioners shall constitute a quorum
for the transaction of business relative both to the water
works and to the sinking fund. Any vacancy occurring
in said board fnmi any cause may be filled for the
remainder of the unexpired term, by said town, at any
legal town meeting called for the purpose.

Section 9. This act shall take effect upon its accept-
ance by a two-thirds vote of the voters of said town
present and voting thereon at a legal town meeting called
for the purpose, within three years from its passage ; but
the number of meetings so called in any year shall not
exceed three. Approved May 5, 1888.

An Act pkoviding for the disposal of the sewage of the Chap.\Q7

STATE PRISON.

Be it enacted, etc., as follows:

Section 1. The commissioners of prisons are author- Disposaiofsew-
ized to expend a sum not exceeding five thousand dollars p?r,onatTon-
for the disposal of the sewage at the state prison at Con- '='"'^-
cord, but no expenditure shall be made for such purpose,
except for surveys and plans, until said plans shall be
approved by the state board of health, lunacy and charity,
and the sewage shall be disposed of in accordance with
plans so approved. Said board of health, lunacy and
charity may at any time, and upon the request of the
selectmen of the town of Concord shall, examine the
methods of disposing of said sewage and may direct that
changes be made in said methods and said commissioners
shall make said changes, and the cost thereof shall be paid

Subject to ac
ceptiuice by a
two-thirds vote.

462 1883. — Chapters 168, 169, 170.

from the annual appropriation for the expenses of said
institution.
Repeal. Sectiox 2. Chapter teu of the acts of the year eighteen

hundred and seventy-eight, chapter sixty-tive of the
resolves of tlie year eighteen hundred and eighty-one and
so much of chapter sixty of the resolves of the year
eighteen hundred and eighty-two as authorizes the expen-
diture of three thousand dollars for the disposal of said
sewage are hereby repealed.

Section 3. This act shall take effect upon its passage.

Approved May 5, 1883.

GJlCipXQS An Act empowering cities to regulate by ordinance the sale

OF CERTAIN ARTICLES BY HAWKERS AND PEDLEHS.

Be it enacted, etc., asfollovjs:
Citie8 mny Any city may by ordinance make such regulations

ordi'nan'c'e^'Lies rcspecting the cxposiug for sale and sale within its limits
by hawkers and jjy hawkci's and Dcdlcrs of any of the articles enumerated
in section one of chapter sixty-eight of the Public Statutes,
as may be necessary and proper for preserving the public
health and securing the peace and comfort of its inhal)i-
tants ; and may atiix penalties not exceeding twenty dol-
lars for one offence for the violation of any such ordi-
j nance ; but nothing herein shall be so construed as to

authorize any city to require the payment of any fee in
cases in which such authority is not now given.

Approved May 5, 1883.

ChCLpXGQ An Act for the preservation of deer.

Be it enacted, etc., as folloios:
Hunting deer in Section 1. Whocvcr huuts, chascs or IviUs a deer
BM-™st"bie^" within the counties of Plymouth or Barnstable, except his
hXted.*^"^° own tame deer kept on his own grounds, shall forfeit for
every such offence one hundred dollars.

Section 2. All acts or parts of acts inconsistent here-
with are hereby repealed. Appi-oved May 5, 1883.

ChcwVJO An Act making appropriations for the completion of the

DOUBLE TRACKING OF THE TROY AND GREENFIELD RAILROAD
AND HOOSAC TUNNEL.

Be it enacted, etc., as folloios:
Appropriutions SECTION 1. The suui hereinafter mentioned is appro-
trackingraii- prlatcd, to be paid out of the treasury of the Common-
road and tunneh wealth, to be expended under the direction of the

governor and council, for completing the double tracking

1883. — Chaptek 171.

463

Palmer Water
Company.
Water supply
for Palmer.

of the Tro3' and Greenfield Eailroad and Hoosac Tunnel,
to wit : For the completion of the double tracking of the
Troy and Greentield Kailroad and Hoosac Tunnel, east of
the eastern portal of the Hoosac Tunnel, a sum not
exceeding two hundred and sixty-four thousand five
hundred and fifty-two dollars.

Section 2. This act shall take effect upon its passage.

[T/ie foregoing was laid before the Governor on the third
day of May, 1883, and after five days it had the '■'•force of a
law," as prescribed by the Constitution, as it ivas not returned by
him with his objections within that time.'\

An Act to incorporate the palmer water company, (7/i«29.171

Be it enacted, etc., as follows :

Section 1. James B. Shaw, John H. Gamwell,
Stephen 8. Taft, Charles B. Fisk, Kobert L. Goddard
and David Knox, their associates and successors, are
hereby made a corporation b}^ the name of the Palmer
AYater Company, for the purpose of furnishing the inhabi-
tants of the town of Palmer with water for the extintruish-
ment of fires, and for domestic and other purposes ; with
all the poAvers and privileges, and subject to all the duties,
restrictions and liabilities set forth in all geneial laws
which now are or may hereafter be in force applicable to
such corporations.

Section 2. The said corporation for the purposes
aforesaid may take, l)y purchase or otherwise, and hold,
the Avater of Graves' Pond, so called, in the town of
Palmer, and the waters which flow into and from the same,
within the limits of said toAvn, and the water rights con-
nected with any such water sources, and also all lands,
rights of way and easements, necessary for holding and
preserving such water, and for conveying the same to any
part of said town ; and may erect on the land thus taken
or held, proper dams, buildings, fixtures and other struct-
ures, and may make excavations, procure and operate
machinery, and provide such other means and appliances
as may be necessary for the establishment and mainten-
ance of complete and eflective Avatcr works ; and may
construct and lay down conduits, pipes and other works
under or over any lands, watercourses, railroads, or pub-
lic or private ways, and along any such Avays in such
manner as not unnecessarily to ol)struct the same ; and for
the purpose of constructing, maintaining and repairing

May take 'water
of Graves'
Poud.

May construct
and lay down
conduits, pipes
and other
works.

464

1883. — Chapter 171.

To cause to be
recorded in the
registry of
deeds a descrip-
tion of the laud,
etc., taken.

Liability for
damages.

Application for
damages not to
be made until
■water is actu-
ally diverted.

May distribute
■water, and fix
and collect rates
foi use of same.

such conduits, pipes and other worlcs, and for all proper
purposes of this act, said corporation may dig up any such
lands, and, under the direction of the board of selectmen
of the town in which any such waj's are situated, may
enter upon and dig up any such ways in such manner as
to cause the least hindrance to public travel on such
ways.

Section 3. The said corporation shall, within sixty
days after tlie taking of any lands, rights of way, water
rights, water sources or easements as aforesaid, other than
by purchase, file and cause to be recorded, in the registry
of deeds for the county Avithin which such lands or other
property is situated, a description thereof sufficiently
accurate for identification, with a statement of the pur-
pose for which the same were taken, signed by the presi-
dent of the corporation.

Section 4. The said corporation shall pay all dam-
ages sustained by any person in property l)y the taking of
any land, right of way, water, water source, Avater right
or easement, or by any other thing done by said corpora-
tion under the authority of this act. Any person, sus-
taining damages as aforesaid under this act, who fails to
agree with said corporation as to the amount of damages-
sustained, may have the damages assessed and determined
in the manner provided by law when land is taken for the
laying out of highways, on application at any time within
the period of three years from the taking of such land or
other property, or the doing of otlier injury, under the
authority of this act ; but no such application shall l)e made
after the expiration of said three years. No a[)plication
for assessment of damages shall be made for the taking of
any water, water right, or for any injiuy thereto, until the
water is actually withdrawn or diverted by said corpora-
tion under the authority of this act.

Section 5. The said corporation may distribute the
water tiirough said toAvn of Palmer ; may regulate the use
of said Avater and fix and collect rates to be paid for the
use of the same ; and may make such contracts Avith the
said toAvn, or Avith any fire district that is or may here-
after be established therein, or Avith any individual or
corporation, to supply Avater for the extinguishing of fire
or for other purposes, as may be agreed upon by said
town, or such fire district, individual or corporation, and
said corporation.

1883. — Chapter 171,

465

Section 6. The said corporation may, for the purposes
set forth in this act, hold real estate not exceding in
amount ten thousand dollars ; and the whole capital stock
of said corporation shall not exceed seventy-five thousand
dollars, to be divided into shares of one hundred dollars
each.

Section 7. Whoever wilfully or wantonly corrupts,
pollutes or diverts any of the waters taken or held under
this act, or injures any structure, Avork or other property
owned, held or used by said corporation under the author-
ity and for the purposes of this act, shall forfeit and pay
to said corporation three times the amount of damages
assessed therefor, to be recovered in an action of tort ;
and upon conviction of either of the above wilful or wan-
ton acts shall be punished by a fine not exceeding three
hundred dollars or by imprisonment not exceeding one
year.

Section 8. The said corporation may purchase from
the owner of any aqueduct now used in furnishing water
to the inhabitants of said town, all the estate, property
rights and privileges of such owner, and by such purchase
shall become subject to all the liabilities and duties to such
owner appertaining.

Section 9. The said corporation may issue bonds,
and secure the same by a mortgage on its franchise and
other property, to an amount not exceeding its capital
stock actually paid in and applied to the purposes of its
incorporation.

Section 10. The said town, and any fire district that
is or may hereafter be established therein, shall have the
right, at any time during the continuance of the charter
herel)y granted, to purchase the franchise, corporate prop-
erty and all the rights and privileges of said corporation
at a price which may be mutually agreed upon between
said corporation and the said town, or such fire district ;
and the said corporation is authorized to make sale of the
same to said town or to such fire district. In case said
corporation and said town, or such fire district, are una])le
to agree, then the compensation to be paid shall be de-
termined by three commissioners, to be appointed by the
supreme judicial court, upon application of cither party
and notice to the other, whose award, when accepted by
said court, shall be binding upon all parties. This au-
thority to purchase said franchise and property is granted

Real estate and
capital stock.

Penalty for
polluting or di-
vertini; water,
or for injury to
property.

May purchase
aqueduct.

May issue bonds
and secure by
mortgage.

Town or fire
district may
purcliase fran-
chise and
property.

Subject to
assent by a two-
thirds vote.

466 1883. — Chapters 172, 173. '

on condition that the same is assented to by said toAvn, or
such lire district, by a two-thirds vote of the voters of
said town, or such fire district, present and voting thereon
at a meeting called for that purpose.
Security for Section 11. The couuty commissiouers for the county

damages, may withiu whicli any laud, water or water rights taken under
be required. ^^jg ^^^ |g situatcd, shall, upou application of the owner
thereof, require said corporation to give satisfactory
security for the payment of all damages and costs which
may be awarded such owner for the land or other property
so taken ; but previous to requiring such security the
county commissioners shall, if application therefor is made
by either party, make an estimate of the damages which
may result from such taking, and the county commis-
sioners shall in like manner require further security, if at
any time the security before required appears to them to
have become insufficient ; and all the right or authority
of said corporation to enter upon or use such land or other
property, except for making survej's, shall be suspended
until it gives the security so required.

Section 12. This act shall take eifect upon its passage.

[T7ie foregoing tvas laid before the Governor on the fourth day

of May ^ 1883, and after five days it had the ^'- force of a law,"

as prescribed by the Constitidion, as it was not returned by him

with his objections ivithiri that tinie.~\

CJlCtp-^'72 An Act to confirm certain phoceedings of the annual meet-
ing OF THE TOWN OF MONTAGUE IN THE YEAR EIGHTEEN HUNDRED
AND EIGHTY-THREE.

Be it enacted, etc., asfolloivs:
Proceeflines at Section 1. All procccdino's of the annual meeting of
Smed."'^^ the town of Montague held on the fifth day of March in
the year eighteen hundred and eighty-three, so far as they
may have been defective by reason of any failure to use
the check-list in accordance with law, are hereby ratified
and confirmed.

Section 2. This act shall take effect upon its passage.

Approved May 14, 1883.

Ch<Zp.VJS An Act to provide against the use of unsafe elevators.

Beit enacted, etc., asfolloivs:

Inspection of If any clcvator whether used for freight or passengers

eevatore. gl^all iu the judgment of the inspector of factories and

public buildings of the district in which such elevator is

used, or, in the city of Boston, of the inspector of build-

1883. — Chapters 174, 175.

467

Evenins; schools
to bfi maintained
in cities and
towns having
10,uOO inhabi-
tants.

ings of said city, be unsafe or dangerous to use or has not
been constructed in the manner required by hiw, the said
inspector shall immediately })lacard conspicuously upon Notice to be
the entrance to or door of the cab or car of such elevator elevators are^^° .
a notice of its dangerous condition, and prohibit the use ""*''^®-
of such elevator until made safe to the satisfaction of said
inspector. Any person removing such notice or operating Penalty.
such elevator while such notice is placarded as aforesaid,
without authority from said inspector, shall be punished
by a tine of not less than ten nor more than fifty dollars
for each olience. ^

Approved Hay 14, 1S83.

An Act for the establishment and maintenance of evening ChnpXl^z

SCHOOLS.

Be it enacted, etc., as foUoivs:

Section 1. Every town and city having ten thousand
or more inhabitants shall estal)lish and maintain, in addi-
tion to the schools required by law to be maintained there-
in, evening schools for the instruction of persons over
twelve years of age in orthography, reading, writing,
geography, arithmetic, drawing, the history of the United
States, and good behavior. Such other branches of learn-
ing may be taught in such schools as the school committee
of the town shall deem expedient.

Section 2. The school committee of such towns shall
have the same superintendence over such evening schools
as they have over other schools, and may determine the
term or terms of time in each year, and the hours of the
evening during which such schools shall be kept, and may
make such regulations as to attendance at such schools as
they may deem expedient.

Section 3. Nothing contained in this act shall exempt
any person from the requirements of section one of chapter
forty-seven of the Public Statutes.

Section 4. This act shall take effect upon its passage.

Approved May 14, 1883.

An Act in relation to examinations and trials in criminal Chcip.V75
cases before a trial justice.

Be it enacted, etc., as follows :

Section 1. If a trial justice fsiils to attend at the time
and place to which an examination or trial has been
adjourned by him under the provisions of section twenty-
six of chapter two hundred and twelve of the Public

To bo under
superintendence
of the school
committee.

No exemption
from require-
ments r. 8. 47,
§1.

If justice fails to
attend at an ad-
jduniid trial,
anotherjuHtice
for tiie same
county may try
the case, etc.

468

1883. — Chapter 176.

Taxation of
costs.

Chap,

May lay out a
street over tide
waters of
Acushnet
River.

May take cer-
tain land.

To file in the
registryof deeds
a description of
the land taken.

Land taken to
vest in city.

Statutes, any other trial justice for the same county may
attend and hear or try said case, and may further adjourn
such examination or trial in the same manner as the jus-
tice before whom the case was first pendinof. The justice
so] taking cognizance of the case shall make a minute of
the proceedings before himself on the complaint and cer-
tify the same which shall be entered on the records of the
justice who makes the final order, sentence or decree in
the case. Any recognizance taken by the justice before
whom the case was originally pending shall continue in
full force and effect.

Section 2. The same costs shall be taxed in any case
continued or transferred from one trial justice to another
as if all the proceedings had been before one justice.

Section 3. This act shall take effect upon its passage.

Approved May 14, 1883.

176 An Act to authorize the city of new Bedford to build a

HIGHWAY over the TIDE WATERS OF ACUSHNET RIVER, AND
TO TAKE CERTAIN LANDS ADJOINING THE SAME FOR THE PRES-
ERVATION OF THE HEALTH OF SAID CITY.

Be it enacted, etc., as follows:

Section 1. The city council of the city of New Bed-
ford is hereby authorized, subject to the provisions of
chapters nineteen and fifty-one of the Public Statutes, to
lay out an easterly extension of Howland Street in said
city over the tide waters of the Acushnet River from the
present easterly terminus of said street, but not to extend
beyond the harbor line as now established by law.

Section 2. Said city may, also, for the purpose of
preserving the health of its inhabitants, take certain lands
contiguous to the street authorized to be laid out under
this act, and thus described : — bounded east by the
channel of the Acushnet Kiver, south by the northerly
line of the street authorized to be laid out as aforesaid,
west by land now or formerly of Horace Humphrey, and
north by land of Green and Wood. Said city shall,
within sixty days from the time it shall take such laud,
file in the ofKce of the registry of deeds for the southern
district of Bristol County a description of the lands so
taken as certain as is required in a conveyance of lands,
and a statement that the same is taken pursuant to the
provisions of this act, which said description and the
statement shall be signed by the mayor of said city, and
the title to the land so taken shall thereby vest in said

1883. — Chapter 177.

469

city ; and if any person whose land is so taken shall agree
Willi said city as to the amount of his damages he shall be
paid the same forthwith ; but if he shall not be able to so
agree he may at any time within one year from the time
of such taking apply by petition to the superior court for
the county of Bristol, and have his damages assessed by a
jury therein, and the proceedings thereon shall be the
same as in the case of lands taken for the laying out of
highways, except that the damages shall be estimated on
the basis that the fee of the land has been taken by said
city ; and said city upon taking such land may till in the
same or any portion thereof, from time to time, with
suitable materials, and shall abate the nuisance existing
thereon ; but the operations of such tilling shall be sub-
ject to the approval of the board of harbor and land
commissioners.

Section 3. The said city may extend the sewer now
discharginof into the dock at the foot of said Hovvland
Street, and such other sewers as in its judgment will be
required for the health of the city at any time hereafter,
so as to discharge the same in deep water on any portion
of the tract herein authorized in any way to be taken.

Section 4. The rights given under section one of this
act to lay out said street shall not be deemed exhausted
by a partial exercise thereof, but shall continue for subse-
quent locations until said harbor line is reached.

Section 5. This act shall takecfiect upon its passage.

Approved May 15, 1883.

ABsegsment of
damages.

May extend
sewers to deep
water.

Rights to lay out
street to contia-
ue until harbor
liue is reached.

Chapm

An Act to incorporate the sharon water company.
Be it enacted, etc., as follows :

Section I. H. Augustus Lothrop, George Kempton, sharon water
William R. Mann, Charles D. Hixon, William B. Wickes, Company.
Joel P. Hewins, Percy M. Blake, their associates and
successors, are hereby made a corporation by the name of
the Sharon Water Company, for the purpose of supplying watersuppiy
the inhabitants of the towns of Sharon, Canton and silaro"' and
Stoughton with water for the extinguishment of fires, and '^'""s'"^°"*
for domestic and other purposes ; with all the powers and
privileges, and subject to all the duties, restrictions
and liabilities, set forth in all general laws which now are
or may hereafter be in force applicable to such corpora-
tions.

Section 2. The said corporation, for the purposes

470

1883. — Chapter 177.

May take
waters of Lake
Maseapoaer,
Beaver Hole
Meadow Brook,
etc.

May erect dams,
and lay down
pipes and con-
duits.

A description of
the land taken
to be filed and
recorded in the
registry of
deeds.

Liability for
damages.

aforesaid, may take, by purchase or otherwise, and hold,
the water of Lake Massapoag, and the waters which
flow into and from the same ; Beaver Hole ISIeadow Brook
and springs adjacent and tributary thereto, and also all
lands, rights of way and easements, necessary for holding
and preserving such water, and for conveying the same to
any part of said towns of Sharon, Canton or Stoughton ;
and may erect on the land thus taken or held, proper
dams, buildings, fixtures and other structures, and may
make excavations, procure and operate machinery, and
provide such other means and appliances as may be neces-
sary for the establishment and maintenance of complete and
eflective water works ; and may construct and lay down
conduits, pipes and other works under or over any lands,
water courses, railroads, or public or private ways, and
along any such ways in such manner as not unnecessarily
to obstruct the same ; and for the purpose of constructing,
maintaining and repairing such conduits, pipes and other
works, and for all proper purposes of this act, said corpo-
ration may dig up any such lands, and, under the direc-
tion of the board of selectmen of the town in which any
such ways are situated, may enter upon and dig up any
such ways in such manner as to cause the least hindrance
to public travel on such ways.

Section 3. The said corporation shall, within sixty days
after the taking of any lands, rights of way, water rights,
water sources or casements as aforesaid, otherwise than
by purchase, file and cause to be recorded, in the registry
of deeds for the county within which such lands or other
property is situated, a descri[)tion thereof sufficiently
accurate for identification, with a statement of the purpose
for which the same were taken, signed by the president
of the corporation.

1883. — Chapter 177.

471

other property, or the doing of other injury, under the
authority of this act ; but no such application shall be
made after the expiration of said three years. No ajipli-
cation tor assessment of damaijjes shall be made for the
taking of any water, water right, or for any injury there-
to, until the water is actually withdrawn or diverted by
said corporation under the authority of this act.

Section 5. The said corporation may distribute the
water through said towns of Sharon, Canton and Stough-
ton, or either of them ; may regulate the use of said
water and fix and collect rates to be paid for the use of
the same ; and may make such contracts with the said
towns, or with either of them, or with any fire district
that is or may hereafter be established therein, or with
any individual or corporation, to supply water for the
extinguishing of fires or for other purposes, as may be
agreed" upon by said towns, or either of them, or such
fire district, individual or corporation, and said corpora-
tion.

Section 6. The said corporation may, for the purposes
set forth in this act, hold real estate not exceeding in
amount ten thousand dollars ; and the whole capital stock
of said corporation shall not exceed seventy-five thousand
dollars, to be divided into shares of one hundred dollars
each. Any manufacturing or other corporation doing
business in either of said towns may subscribe for and
hold stock of said Sharon Water Company.

Section 7. Whoever wilfully or wantonly corrupts,
pollutes or diverts any of the waters taken or held under
this act, or injures any structure, work or other property
owned, held or used by said corporation under the author-
ity and fur the purposes of this act, shall forfeit and pay
to said corporation three times the amount of damages
assessed therefor, to be recovered in an action of tort ;
and upon conviction of either of the above wilful or
wanton acts shall be punished by a fine not exceeding
three hundred dollars or by imprisonment not exceeding
one year.

Section 8. The said corporation may purchase from the
owner of any aqueduct or water pipes now used in fur-
nishing water for the purpose of extinguishing fires in
either of the said towns, all the estate, property rights
and privileges of such owner, and by such purchase shall
become subject to all the liabilities and duties to such
owner appertaining.

Application for
(lainai<c8 not be
in;nlu until
water is actually
diverted.

May distribute
water, and tix
and collect
water rates.

Real estate and
capital stock.

Stock may be
held by certalQ
corporations.

Penalty for pol-
luting or divert-
ing water, or
for injury to
property.

May purchase-
aqueduct, etc..

franchise and
property

472 1883. — Chapter 177.

Mayissuebonds Section 9. The sa'id Corporation may issue bonds, and
mortgage.^ ^ sccuie the samc by a mortgage on its franchise, and other
property, to an amount not exceeding its capital stock
, actually paid in and applied to the purposes of its incor-

poration.
Town of Sharon SECTION 10. The Said town of Sharon shall have the
tTme; purchase right, at auy time during the continusmce of the charter
hereby granted, to purchase the franchise, corpoiate
property and all the rights and privileges of said corpora-
tion at a price which may be mutually agreed upon be-
tween said corporation and the said town ; and the said
corporation is authorized to make sale of the same to said
town. In case said corporation and said town are unable
to agree, then the compensation to be paid shall be deter-
mined by three commissioners, to be appointed by the
supreme judicial court, upon application of either party
and notice to the other, whose award, when accepted by
said court, shall be binding upon all parties. This
Subject to authority to purchase said franchise and i)roperty is

assent by a two- .•' t • ^1,1 ■ j_-iji'i

thirds vote. granted on conditu)n that the same is assented to t)y said
town, by a two-thirds vote of the voters present and
voting thereon at a meeting called for that purpose.
Security may be Sectiox 11. The couiity Commissioners for the county
paTmento7' withiu which any land, water or water rights taken under
damages. ^j^j^ ^^^ -^ gituatcd, shall, upou application of the owner

thereof, require said corporation to give sati*fact()ry
security for the payment of all damages and costs which
may be awarded such owner for the land or othei' jH'operty
so taken ; but previous to requiring such security the
county commissioners shall, if application therefor is
made by either party, make an estimate of the damages
which may result from such taking, and the county com-
missioners shall in like manner require further security,
if at any time the security l)efore required appears to
them to have become insufficient ; and all the right or
authority of said corporation to enter upon or use such
land or other property, except for making surveys, shall
be suspended until it gives the security so required.

Section 12. This act shall take etiect upon its passage.

[r/ie f>regoing was laid before the Governor on the ninth day

of Mail, 1SH3, and after five days it had the '•'force of a laiv" as

prescribed by the Constitution., as it was not returned by him with

his objections within that time.^

1883. — Chapters 178, 179, 180. 473

An Act to change the nauie of the lowell wood turning L'/lCtJ)-lio

COMPANY.

Be it enacted^ etc., as follows:

Section 1. The name of the Lowell Wood Turning ,^''^„^^,^.^f^f,t.oi
Comnanv, a corporation orijanized under the general laws and Bobbin

,. . X , 1 . 'i 1 . 1 T no 1 Company.

of the Commonwealth, is changed to the "Lowell bpool
and Bobbin Company."

Section 2. This act shall take effect upon its passage.

Ajpproved 3Iay 16, 1883.

An Act to authorize the town of charlton to fay a bounty L'/lCip.ii J

TO ALBERT KNIGHT.

Be it enacted, etc., as follows:

Section 1. The town of Charlton is authorized to Town may pay

1 r 1 1 1 T i i i2 " soldier's

appropriate the sum or one hundred ana twenty-iive bounty to ai-
doUars and a further sum equal to the interest on one """^ "'^ ^'
hundred and twenty-five dolhirs from the tirst day of
January in the year one thousand eight hundred and
si.\ty-four to the first day of May in the year one thou-
sand eiglit hundred and eighty-three, for the payment of
a bounty to Albert Knight of said town, who served
during the late war as one of the quota of said town, and
has never received any bounty from said town : provided. Proviso.
that saiil town shall not be re-imbursed by the Common-
wealth for any money paid under authority of this act.
Section 2. This act shall take effect upon its passage.

Approved May 16,1883.

An Act to regulate the taking of fish in acushnet river in Chaj^.^SO

THE TOWN OF ACUSHNET.

Be it enacted, etc., as follows:

Section 1. The town of Acushnet may at any legal Town may regu-
meeting called for that purpose make regulations, not
inconsistent with the provisions of the laws of the Com-
monwealth, concerning the taking of herrings, alewives
and shad within said town, or concerning the disposal of
the privilege of taking the same for its own use and
benefit.

Section 2. Said town may, at its annual meeting in to choose a
April in the year eighteen hundred and eighty-three, and enforce reguia
in each year thereafter choose three discreet persons by
ballot whose duty it shall be to inspect said river, to cause
the regulations respecting said fishery to be carried into
•effect and to prosecute all violations thereof.

474

1883. — Chapter 181.

Water supply
of New Bed-
ford not to be
interfered with.

Chapl^l

North Attle-
borough Water
Company.

"Water supply
for Attle-
borough.

May take the
water of Ten
Mile River.

Section 3. Whoever takes from said river any of said
fish in violation of said reo;ulations shall forfeit for each
fish so taken not more than ten dollars nor less than one
dollar, one half of all such forfeitures shall enure to the
complainant and one half to said town.

Section 4. The powers and duties granted by this
chapter, shall be subject in all respects to the rights here-
tofore granted to the city of New Bedford under chapter
one hundred and sixty-three of the acts of the year
eighteen hundred and sixty -three, and nothing contained
in this act shall in any way be construed as permitting
or authorizing any interference with the water supply of
said city, or authorizing any control in or in any way
applying to the storing reservoir of said city or any works
connected with its water supply, nor shall any such fishery
be permitted to be operated in said reservoir or in any
portion of said water supply.

Section 5. This act shall take effect upon its passage.

Approved May 16, 1883.

An Act to incokporate the nohth attleborough avater

COMPANY.

Be it enacted, etc., as follows :

Section 1. Henry F. Barrows, Handel N. Daggett
and Joseph G. Barden, their associates and successors,
are hereby made a corporation by the name of the North
Attleborough Water Company, for the purpose of fur-
nishing the inhabitants of North Attleborough, or any
part of Attleborough, with water for the extinguishment
of fires and for domestic and other purposes ; Avith all the
powers and privileges and subject to all the duties,
restrictions and Haiti lities set forth in all general laws
which now are or may hereafter be in force applicable to
such corporations.

Sectjon 2. The said corporation, for the purposes
aforesaid, may take, by purchase or otherwise, and hold,
the water of Ten Mile River, in the town of Attleborough,
and the water rights connected with such water source
within the limits of said town, and also all lands, rights of
way and easements, necessary for holding and preserving
such water, and for conveying the same to any part of
said town ; and may erect on the land thus taken or held,
pro[)er dams, buildings, fixtures and other structures ; and
may make excavations, procure and operate machinery^

1883. — Chapter 181.

475

and provide such other means and appliances as may be
necessarj'^ for the establishment and maintenance of com-
plete and effective water works ; and may construct aud
lay down conduits, pipes and other works under or over
any lands, water courses, railroads, or public or private
ways, and along any such ways in such manner as not
unnecessarily to obstruct the same ; and for the purpose
of constructing, maintaining and repairing such conduits,
pipes and other works, and for all proper purposes of
this act, said corporation may dig up any such lands, and,
under the direction of the board of selectmen of the town
in which any such ways are situated, may enter upon and
dig up any such ways in such manner as to cause the least
hindrance to public travel on such ways.

Section o. The said corporation shall, within sixty
days after the taking of any lands, rights of way, water
rights, water sources or easements as aforesaid, other than
by purchase, file and cause to be recorded in the registry
of deeds for the county within which such lands or other
property is situated, a description thereof sufficiently
accurate for identification, with a statement of the purpose
for which the same were taken, signed by the president of
the corporation.

Section 4. The said corporation shall pay all dam-
ages sustained by any person in property by the taking of
any land, right of way, water, water source, water right
or easement, or by any other thing done by said corpora-
tion under the authority of this act. Any person, sus-
taining damages as aforesaid under this act, who fails to
agree with said corporation as to the amount of damages
sustained, may have the damages assessed and determined
in the manner provided by law when land is taken for the
laying out of highways, on application at any time within
the period of three years from the taking of such land or
other property, or the doing of other injury, under the
authority of this act ; but no such application shall be
made after the expiration of said three years. No appli-
cation for assessment of damages shall be made for the
taking of any water, water right, or for any injury thereto,
until the water is actually withdrawn or diverted by said
corporation under the authority of this act.

Section 5. The said corporation may distribute the
water through said town of Attlebo rough ; may regulate
the use of said water and fix and collect rates to be paid

May construct
dani8, and lay
down pipes and
coiiduiw.

A description of
the land, etc.,
taken, to be filed
and recorded in
the rigistry of
deeds.

Liability for
damages.

Application for
damages not to
be made until
the water is
actually di-
verted.

May distribute
wati-r, and may
fix and collect
water rates.

476

1883. — CHArTER 181.

Renl egtnte and
capital Block.

May Issue
boiuls, find
eecure by
mortgage.

LiaWlity for
amount of water
taken.

Penalty for
polluting or
diverting water,
or for injury to
property.

Fire District
Number One
nay purchase
franchise and
property.

for the use of the same ; and may make such contracts
■with the said town, or with any fire district that is or may
hereafter be established therein, or with any individual or
corporation, to supply water for the extinguishing of tires
or for other purposes, as may be agreed upon by said
to'wn, or such fire district, individual or corporation, and
said corporation.

Section G. The said corporation may, for the pur-
poses set forth in this act, hold real estate not exceeding
in amount ten thousand dollars ; and the whole capital
stock of said corporation shall not exceed one hundred
thousand dollars, to be divided into shares of one hundred
dollars each.

Sectiox 7. The said corporation may issue bonds, and
secure the same by a mortgage on its franchise and other
property to an amount not exceeding its capital stock
actually paid in and applied to the purposes of its incor-
poration.

Section 8. The said corporation may by vote from
time to time fix and determine what amount or quantity
of "water it purposes to take and appropriate under this
act ; in which case the damages for such taking shall be
based upon such amount or quantity until the same shall
be increased by vote or otherwise, in which event said
corporation shall be further liable only for the additional
damages caused by such additional taking.

Section 9. AYhoever wilfully or wantonly corrupts,
pollutes or diverts any of the waters taken or held under
this act, or injures any structure, work or other property
owned, neld or used by said corporation under the author-
ity and for the purposes of this act, shall forfeit and pay
to said corporation three times the amount of damages
assessed therefor, to be recovered in an action of tort ;
and upon conviction of either of the above wilful or Avan-
ton acts shall be punished by a fine not exceeding three
hundred dollars or by imprisonment not exceeding one
year.

Section 10. The corporation now known as the Fire
District Number One, North Attleborough, shall have the
right at any time during the continuance of the charter
hereby granted, to purchase the franchise, corporate
property and all the rights and privileges of s;iid corpora-
tion, at a price which may be mutually agreed upon be-
tAveen said corporation and the said fire district ; and the

1883. — Chapter 181.

477

said corporation is authorized to make sale of the same to
said hre district. In case said corporation and said fire
district are unable to agree, then the compensation to be
paid shall be determined by three commissioners, to be
appointed by the supreme judicial court, upon application
of either party and notice to the other, whose award,
when accepted by said court, shall be binding upon all
parties. This authority to purchase said franchise and
property is granted on condition that the same is assented
to by said fire district b}' a two-thirds vote of the voters
qualified to vote in town aft'airs present and voting there-
on at any legal meeting called for that purpose; where-
upon all the rights, privileges and liabilities of said North
Attleborough Water Company shall vest in and be assumed
by said fire district.

Section 11. The said fire district may, for the pur-
pose of paying the cost of said franchise and corporate
property and the necessary expenses and liabilities incurred
under the provisions of this act, issue from time to time
bonds, notes or scrip, to an amount not exceeding in the
aggregate one hundred thousand dolhirs ; such bonds,
notes and scrip shall bear on their face the words " North
Attleborough Fire District Water Loan " ; shall be pay-
able at the expiration of periods not exceeding thirty
years from the date of issue ; shall bear interest payable
semi-annually at a rate not exceeding six per centum per
annum, and shall be signed by the treasurer of said fire
district, and he countersigned by the water commissioners
hereinafter provided for. The said tire district may sell
such securities at public or private sale, or pledge the
same for money borrowed for the purposes of this act,
upon such terms and conditions as it may deem proper.
The said fire district shall provide, at the time of con-
tracting said loan, for the establishment of a sinking fund,
and shall annually contribute to such fund a sum sufficient,
with the accumulations thereof, to pay the principal of
said loan at maturity. The said sinking fund shall remain
inviolate and pledged to the payment of said loan, and
shall be used for no other purpose.

Skction 12. The said fire district shall raise annually
by taxation a sum which, with the income derived from
the water rates, will be sufficient to pay the current annual
expenses of operating its water works, and the interest as
it accrues on the bonds, notes and scrip issued as afore-

Subject to as-
Bent of tlie tire
district by a
two-lliirds vote.

North Altle.
borough Fire
District Water
Loau.

Sinking fund to
be c'btabljshed.

Sum sufficient
for current cx-
penees and in-
terest, to be
raised annually
by taxation.

478

1883. — Chapter 181.

May raise addi-
tional sum for
extension of
works.

Asseesmenl and
collection of
tax.

May collect
interest on taxes
when overdue.

Board of water
commissioners
to be elected.

Powers and
duties.

Vacancy.

said by said fire district, and to make such contributions
to the sinking fund and payments on the principal as may
be required under the provisions of this act. Said fire
district is further authorized to raise by taxation any sum
of money for the purpose of enlarging or extending its
water works and providing necessary additional appliances
and fixtures connected therewith, not exceeding five thou-
sand dolhirs in any one year.

Sectiox 13. Whenever a tax is duly voted by said
fire district for the purposes of this act, the clerk shall
render a certified coi)y of the vote to the assessors of the
town of Attleborough, who shall proceed within thirty
days to assess the same in the same manner in all respects
as other taxes in said fire district are by law required to
be assessed. The assessment shall be committed to the
town collector, who shall collect said tax in the same
manner as is provided for the collection of town taxes,
and shall deposit the proceeds thereof with the town
treasurer, for the use and benefit of said fire district.
Said fire district may collect interest on taxes, when over-
due, at a rate not exceeding one per centum per month,
in the same manner as interest is authorized to be collected
on town taxes : provided, said fire district at the time of
voting to raise a tax shall so determine, and shall also fix
a time for payment thereof.

Section 14. The said tire district shall, after its pur-
chase of said franchise and corporate property, as pro-
vided in this act, at a legal meeting called for the purpose,
elect by ballot three persons to hold office, one until the
expiration of three years, one until the expiration of two
years, and one until the expiration of one year from the
next succeeding annual meeting, to constitute a board of
water commissioners ; and at each annual meeting there-
after one such commissioner shall be elected by ballot for
the term of three years. All the authority granted to the
said fire district by this act, and not otherwise specifically
provided for, shall be vested in said board of water com-
missioners, who shall be subject, however, to such in-
structions, rules and regulations as said fire district may
impose by its vote ; the said commissioners shall be
trustees of the sinking fund herein provided for, and a
majority of said commissioners shall constitute a quorum
for the transaction of business relative both to the water
works and to the sinking fund. Any vacancy occurring

1883. — Chapter 182.

479

in said board from any cause may be filled for the remain-
der of the unexpired term by said fire district, at any legal
meeting called for th« purpose. No money shall be
drawn from the town treasury on account of said water
works, except by a written order of said commissioners,
or a majority of them. Said commissioners shall annually
make a full report to said fire district in writing of their
doings and expenditures.

Section 15. The said fire district may adopt by-laws
prescribing by whom and how meetings may be called and
notified ; but meetings may also be called, on application
of seven or more legal voters in said fire district, by
warrant from the selectmen of said town, on such notice
as may be prescribed therein. The said fire district may
also provide rules and regulations for the management of
its water works not inconsistent with this act or the laws
of the Commonwealth, and may choose such other officers
not provided for in this act as it may deem proper and
necessary.

Section 16. The county commissioners for the county
within which any land, water or water rights taken under
this act is situated shall, upon application of the owner
thereof, require said corporation to give satisfactory
security for the payment of all damages and costs which
may be awarded such owner for the land or other prop-
erty so taken ; but previous to requiring such security the
county commissioners shall, if application therefor is made
by either party, make an estimate of the damages which
may result from such taking, and the county commission-
ers shall in like manner require further security, if at any
time the security before required appears to them to have
become insufficient ; and all the right or authority of said
corporation to enter upon or use such land or other prop-
erty, except for making surveys, shall be suspended
until it gives the security so required.

Section 17. This act shall take effect upon its passage.

Approved May 16, 1883.

An Act to iifcoupoRATE the franklin watek company.

Be it enacted, etc., as fuUoivs :

Section 1. Joseph G. Ray, Asa A. Fletcher, William
E. Nason, William M. Thayer, James M. Freeman, James
P. Kay, George \V. Wiggin, Henry R. Jenks, Homer V.
Snow and their associates and successors, are hereby

Annual report.

Fire district
may adopt by-
laws for calling
and notifying
meetings.

May prescribe
rules for man-
agement of
water works.

Security may be
required to be
given for pay-
ment of dam-
ages and costs.

C7iap.lS2

Franklin Water
Company.

480

1883. — Chapter 182.

Water supply
for Franklin.

May take water
of Mine Brook
or of Beaver
Pond.

May consfrnct
ami lay down
conduits, etc.

A description
of the land, etc.,
taken, tobe tik'd
and reconicd in
the registry of
-deeds.

Liability for
damages.

made a corporation by the name of the Franklin Water
Company, for the purpose of furnishing the inhabitants of
the town of Franklin with water for the extinguishment of
fires, and for domestic and other purposes ; with all the
powers and privileges, and subject to all the duties,
restrictions and liabilities set forth in all general laws
which now^ are or may hereafter be in force applicable to
such corporations.

Section 2. The said corporation, for the purposes
aforesaid, may take, by purchase or otherwise, and hold,
the water of "Mine Brook," so called, or of "Beaver
Pond," so called, in the town of Franklin, and the water
rights connected therewith, and also all lands, rights of
way and easements, necessary for holding and preserving
such water, and for conveying the same to any part of
said town ; and may erect on the land thus taken or held,
proper dams, buildings, fi.Ktures and other structures ;
and may make excavations, procure and operate machin-
ery, and provide such other means and appliances as may
be necessary for the establishment and maintenance of
complete and effective water works ; and may construct
and lay dow^n conduits, pipes and other Avorks, under or
over any lands, water courses, railroads, or public or
private ways, and along any such ways in such manner as
not unnecessarily to ol)struct the same ; and for the pur-
pose of constructing, maintaining and repairing such con-
duits, pipes and other works, and for all proper pur-
poses of this act, said corporation may dig up any such
lands, and, under the direction of the board of selectmen
of the town in which any such ways are situated, may
enter upon and dig up any such ways in such manner as
to cause the least hindrance to public travel on such
ways.

Section 3. The said corporation shall, Avithin sixty
daA's after the taking of any lands, rights of way, water
rights, water sources or easements as aforesaid, otherwise
than by purchase, file and cause to be recorded in the
registry of deeds for the county within which such lands
or other property is situated, a description thereof sutfi-
ciently accurate for identification, with a statement of the
purpose for which the same were taken, signed by the
president of the corporation.

Section 4. The said corporation shall pny all damages
sustained by any person in property by the taking of any

1883. — Chapter 182. 481

land, right of way, water, water source, water right or
easement, or by any other thing done by said corporation
under the authority of this act. Any person sustaining
damages as aforesaid under this act, who fails to agree
with said corporation as to the amount of damages sus-
tained, may have the damages assessed and determined in
the manner provided by law when land is taken for the
laying out of highways, on application at any time within
the period of three years from the taking of such land or
other property, or the doing of other injury, under the
authority of this act ; but no such application shall be
made after the expiration of said three years. No appli- Application for

1111 TPi daniagee not to

cation for assessment of damages shall be made tor ihe bemadeuntu.
taking of any water, water right, or for any injury thereto,
until the water is actually withdrawn or diverted by said
corporation under the authority of this act.

Section 5. The said corporation may distribute the May regruiate

i ^ . use of water,

water through said town of Frankhn ; may regulate the and fir ana coi-
use of said water, and fix and collect rates to be paid for
the use of the same ; and may make such contracts v\ ith
the said town, or with any fire district that is or may here-
after be established therein, or with any individual or cor-
poration, to supply water for the extinguishing of fire or
for other purposes, as may be agreed upon by said town,
or such tire district, individual or corporation, and said
corporation.

Section 6. The said corporation may, for the pur- Real estate and

/. 1 . 1 • 111 1 . 1 !• capital Stock.

poses set forth in this act, hold real estate not exceeding
in amount twenty-five thousand dollars^ and the whole
capital stock of said corporation shall not exceed seventy-
five thousand dollars, to be divided into shares of one
hundred dollars each. Any manufacturing or other cor-
poration doing business in said town may subscribe for
and hold stock of said Franklin Water Company.

Section 7. Whoever wilfully or wantonly corrupts. Penalty for

.' 1111 poUutiiig water

pollutes or diverts any of the waters taken or held under or f..r injury to
this act, or injures any structure, work or other property p''"*'*'"*'-
owned, held or used by siiid corporation under the author-
ity and for the purposes of this act, shall forfeit and pay
to said corporation three times the amount of damages
assessed therefor, to be recovered in an action of tort ;
and upon conviction of either of the above wilful or wan-
ton acts shall be punished by a fine not exceeding three
hundred dollars or by imprisonment not exceeding one
year.

482

1883. — Chapter 182.

May iBsne
bonds, and se-
cure by mort-
gage.

Town of Frank-
lin may pur- j
chase franchise
and property.

Franklin Water
Loan.

Sinking fund to
be establUhfed.

Section 8. The said corporation may issue bonds, and
secure the same by a mortgage on its franchise and other
property to an amount not exceeding its capital stock
actual!}^ paid in and applied to the purposes of its incor-
poration.

Section 9. The said town of Franklin shall have the
right, at any time during the continujince of the charter
hereby granted, to purchase the franchise, corporate
property, and all the rights and privileges of said corpo-
ration at a price which may be mutually agreed upon
between said corporation and the said town ; and the said
corporation is authorized to make sale of the same to said
town. In case said corporation and said town are unable
to agree, then the compensation to be paid shall be deter-
mined by three commissioners, to be appointed by the
supreme judicial court, up(jn application of either party
and notice to the other, whose award, when accepted by
said court, shall be binding upon all parties. This author-
ity to purchase said franchise and property is granted on
condition that the same is assented to by said town, by a
two-thirds vote of the voters of said town, present and
voting thereon at a meeting called for that purpose.

Section 10. The said town may, for the purpose of
paying the cost of said franchise and corporate property,
and the necessary expenses and liabilities incurred under
the provisions of this act, issue from time to time, bonds,
notes or scrip, to an amount not exceeding in the aggre-
gate seventy-five thousand dollars; such bonds, notes and
scrip shall bearpn their face the words "Franklin Water
Loan ; " shall he payable at. the expiration of periods not
exceeding thirty years from the date of issue ; shall hear
interest payable semi-annually, at a rate not exceeding
six per centum per annum, and shall be signed by the
treasurer of the town, and countersigned by the water
commissioners hereinafter provided for. The said town
may sell such securities at public or private sale, or jiledge
the same for money borrowed for the purposes of this act,
upon such terms and conditions' as it may deem proper.
The said tow.u shall provide, at the time of contracting
said loan, for the establishment of a sinking furd, and
shall annually contril)ute to such fund a sum sufficient,
with the accumulations thereof, to pay the principal of
said loan at maturity. The said sinking fund shall remain
inviolate, and pledged to the payment of said loan, and
fcihall be used for no other purpose.

1883. — Chapter 182.

483

Section 11. The said town shall raise annually, by
taxation, a sum which, with the income derived from the
water rates, will be sufficient to pay the current annual
■expenses of operating its water works, and the interest as
it accrues, on the bonds, notes and scrip issued as afore-
said by said town, and to make such contributions to the
sinking fund and payments on the principal as may be
required under the provisions of this act.

Section 12. The said town shall, after its purchase of
said franchise and corporate property, as provided in this
act, at a legal meeting called for the purpose, elect by
ballot three persons to hold office, one until the expiration
of three years, one until the expiration of two years, and
one until the expiration of one year from the next suc-
ceeding annual town meeting, to constitute a board of
water commissioners ; and at each annual town meeting
thereafter one such commissioner shall be elected by
ballot tor the term of three years. All the authority
granted to the said town by this act, and not otherwise
specifically provided for, shall be vested in said board of
water commissioners, who shall be subject, however, to
such instructions, rules and regulations as said town may
impose by its vote ; the said commissioners shall be
trustees of the sinking fund herein provided for, and a
mnjority of said commissioners shall constitute a quorum
for the transaction of business relative both to the water
works and to the sinking fund. Any vacancy occurring
in said board from any cause may be filled for the re-
mainder of the unexpired term by said town, at any legal
town meeting called for the purpose.

Section 13. The county commissioners for the county
within which any land, water or water rights taken under
this act is situated, shall, upon application of the owner
thereof, require said corporation to give satisfactory
security for the payment of all damages and costs which
may be awarded such owner for the land or other property
so taken ; but previous to requiring such security the
county commissioners shall, if application therefor is
made l)y either party, make au estimate of the damages
which may result from such taking, and the county com-
missioners shall in like manner require further security,
if at any time the security before required appears to
them to have become insufficient ; and all the right or
authority of said corporation to enter upon or use such

Town to raise
annually by
tiixation suffi-
cient to pay cur-
rent expenses
and interest.

Board of water
commissioners
to be elected.

To be trustees
of the sinking
fund.

Vacancy.

Corporation
may be required
to give security
for payment of
damages.

484

1883. — Chapter 183.

Amendment to
P. 8. 94, § 5.

Transportation
of logs, etc., may
be rt-gulated by
county com-
missioners, etc.

land or other property, except for uiaking surveys, shall
be suspended until it gives the security so required.
Section 14. This act shall take effect upon its passage.

Approved May 16, 1883.

Ghap.LoS An Act to amend " An Act concerning the TitANSPOUTATioN

OF LOGS AND OTHER TIMBER UPON THE CONNECTICUT KIVER."

Be it enacted, etc., as follows :

Sectiox 1. Section five of chapter ninety-four of the
Public Statutes is so amended that it shall apply only to
that portion of the Connecticut River below the conflu-
ence of the Chicopee and Connecticut rivers.

Sectiox 2. The county commissioners of the counties
of Franklin, Hampshire and Hampden, acting within
their respective counties, upon the petition of any railroad
company, or its president, owning or operating a railroad
with a bridge across said Connecticut River, or of the
owner or owners or operators of any ferry or ferry-boat
regularly plying across said river, or of the owner or
owners of any steamboat rcgulurly plying upon said
river, or of the owner or owners of any dam across the
same, or of the owner or owners or managers of any shad
or salmon fishery, or of the selectmen of any town, or of
the m.'iyor of any city bound wholly or in part to sup[)ort
a bridge or ferry across said Connecticut River, within
any of said counties, and upon such notice to the parties
interested as said commissioners may deem proper, shall
order and require any person, pnrty or corporation, and
the servants and agents thereof, driving, floating or caus-
ing or permitting to be floated or driven or run down
said Connecticut River above said confluence, any masts,
spars, logs or other timber, to guard and protect said
bridges, the supports thereof, said dams, feirics, ferry-
boats, steamboats, and fisheries, by such booms and other
safcgnards, and by com[)h'ing with such reasonal)le regu-
lations as to time and manner, in floating, driving or
miming such masts, spars, logs or other timber,' as said
commissioners may deem necessary and sufficient ; and
shall from time to time order, direct and establish. And
no person, corporation or party, by themselves or their
agents or servants, shall drive, run, float or cause or per-
mit to be driven, run or floated down said Connecticut
River, above said confluence, any masts, spars, logs or other
timber without first performing the said orders and require-

L1 abilities for
not complyini;
wilh the regula-
tions.

1883.— Chapters 184, 185. 485

merits of said commissioners, nor without complying with
their regulations concerning the same ; and if any of said
parties then engaged in floating, driving or running such
masts, spars, logs or other timber down said Connecticut
River, shall do so, or attempt to do so without first
performing and fulfilling said orders and requirements of
the said commissioners relating to the same, or in viola-
tion of their said regulations then existing, such party or
parties and their agents and servants shall be liable to,
and m:ty be enjoined and restrained from so doing by
proceedings in equity in behalf of any or all parties inter-
ested ; and shall also be liable jointly and severally in an
action of tort for all damage done by such driving, run-
ning, floating, or causing or permitting to be driven or
floated down said Connecticut River, any masts, spars,
logs or other timber in violation of the foregoing require-
ments, orders and regulations of said commissioners.
And nothing in this act shall be construed so as to affect
or impair any right or remedy at common law or in equity
in behalf of any party injured or liable to injury on
account of the floatin":, driving or running of any masts,
spars, logs or other timber down or upon any portion of
said Connecticut River.

Sections. Section two of chapter two hundred and f-^^^''^l°^ '^^^^'
seventy-four of the acts of eighteen hundred and eighty-
two is hereby repealed.

Section 4. This act shall take effect upon its passage-

Approved May 16, 1883.

An Act to establish toe salary of the secretary of the CllCip.\^4:

BOARD OF AGRICULTURE.

Be it enacted, etc., as follows :

Section 1. The secretary of the board of agriculture saiaryestab-
shall receive an annual salary of twenty-five hundred dol- ''*^"''''
lars, and at the same rate for any part of a year.

Section 2. All acts and parts of acts inconsistent Repeal.
herewith are hereby repealed.

Section 3. This act shall take effect upon its passage.

Api)roved May 16, 1883.

An Act' to authorize the city of salem to take certain Chctp.\oD

LANDS OR FLATS IX THE NORTH RIVER IN SAID CITY.

Beit enacted, etc., as follows :

Section 1. For the pur[)ose of abating a nuisance in i;,ndM?efc.!"for
the city of Salem, in that part of the North River lyin": aiming a Aui-

486

1883. — Chaptee 185.

To file and have
recorded in the
registry of
deeds a descrip-
tion of the land,
etc., taken.

Liability for
damages.

Work to be
done with ap-

Eroval of the
arbor and land
commisBionere,

above North Bridge, so called, the said city ma}'', from
time to time, take, by purchase or otherwise, any or all of
the lands or flats in said city lying in the said North
River westerly of North Street and northerly of the Essex
Railroad, being all the land or flats remaining between
North and Dean streets, and till and raise the same to
such grade as may be deemed necessary or expedient.

Section 2. The said city shall, within sixty days after
the taking of any lands or flats as aforesaid, otherwise
than by purchase, file and cause to be recorded in the
registry of deeds for the southern district of the county of
Essex, a description of the hinds or flats so taken suffi-
ciently accurate for identification, with a statement of the
purpose for and the authority under which the same were
taken, signed by the maj^or of said city ; and the title of
all lands or flats taken under this act shall vest in the city
of Salem in fee simple, and the same may be sold and
conveyed by said city in such manner as the city council
may determine.

Section 3. The said city shall pay all damages sus-
tained by any person in property by the taking of any
land or flats, or by any other thing done by said city
under the authority of this act. Any person sustaining
damages as aforesaid under this act, who fails to agree
"with said city as to the amount of damages sustained, may
have the damages assessed and determined in the manner
provided by law when land is taken for the laying out of
highways, on application at any time within the period of
three years from the taking of such hinds or flats or the
doing of other injury, under the authority of this act; but
no such application shall be made after the expiration of
said three years. Any person sustaining damages as
aforesaid under this act, who agrees with said city upon
the amount of damages sustained by him, shall be paid
the amount of such damages by said city forthwith. The
respective rights and remedies of persons having different,
separate or contingent interests or estates in the same
]3roperty, ttiS to the disposition of the damages awarded or
agreed to under this act, shall be the same in all rcs[)ects
as are provided by law when land is taken for the laying
out of highways.

Section 4. The city of Salem before beginning to fill
any land or flats taken under the authority of this act
shall mve written notice to the board of harbor and laud

1883. — Chapter 186. 48T

commissioners of the work it intends to do, and shall sub- gupervfs^on!'^*'^
mit to the said board plans of the hinds or flats proposed
to be tilled and of the mode in which the work is to be
performed, and no such work shall be commenced until
the plans and the mode of performing the work have been
approved in writing by said board ; and all such work
shall be executed under the supervision of said board.

Section 5. The city council of said city may lay out, ^rJeuand*
in the manner provided by the charter of said city, streets ^^ys.
and ways over any of the lands or flats referred to in this
act.

Section 6. This act shall take efiect on its acceptance subject to ac-
hy the city council of the city of Salem. city council.

Approved May 16, 1883.

An Act in aid of, and relating to a water supply for, the G/iC?p.l86

NORTH ADAMS FIRE DISTRICT.

Be it enacted, etc. , as foUoivs :

Section 1. The purchase of the franchise, property, Purchase and
rights and privileges of the North Adams Water Com- firmed.
pany, incorporated by chapter one hundred and eight of
the acts of the year eighteen hundred and sixty-four, by
the North Adams Fire District, and the transfer and con-
veyance thereof by said water company to said fire dis-
trict is ratified and confirmed; and said fire district may Fire district
6upj)ly it.-^elf and the inhabitants of the town of North "eiTanT^own"
Adams with water for the extinguishment of fires, and for ^'lu^wat^.'^''"^
domestic and other purposes ; may establish fountains
and hydrants, re-locate (jr discontinue the same; may
regulate the use of such water, and fix and collect rates to
be paid for the use of the same; and said fire district, in
addition to the rights, powers and authority already con-
ferred upon said fire district, shall have, exercise and
enjoy all the rights, powers and authority conferred upon
said North Adams Water Company by the acts to which
this act is additional and supplementary ; and said fire
di.stiict may, by such oificers and agents as it may from
time to lime choose, appoint and direct, exercise all said
rights, powers and authority, subject to the restrictions,
duties aud lial)ilities, herein and in said acts contained,
except as herein otherwise provided ; and the doings of
said fire district, and of its ofiieers and agents, in carrying
out the purposes of the acts to which this act is additional
aud supplementary are hereby ratified and confirmed.

488

1883. — Chapter 186.

May take the
water of Xotch
Brook and other
•water sources
In North
Adams.

May construct
and lay down
conduits and
other works.

To file and have
recorded in the
registry of deeds
a description of
the lands, etc.,
taken.

Liability for
damages.

Section 2. The said fire district for the purposes
ciforesaid may take, by purchase or otherwise, and hold
the water of " Notch Broolv," so called, and of any other
water sources within the limits of said town of North
Adams, and the water rights connected with any such
water sources, and also all lands, rights of way and ease-
ments, necessary for holding and preserving such water,
and for conveying the same to any part of said town of
North Adams, and may erect on the land thus taken or
held, proper dams, buildings, fixtures and other structures,
and may make excavations, procure and operate machin-
ery, and provide such other means and appliances as
may be necessary for the establishment and maintenance
of complete and effective water works ; and may con-
struct and lay down conduits, pipes and other works under
or over any lands, w^ater courses, railroads, or public or
private ways, and along any such way, in such manner as
not unnecessarily to obstruct the same ; and for the pur-
pose of constructing, maintaining and repaiiing such con-
duits, pipes and other works, and for all proper purposes
of this act, said fire district may dig up any such lands,
and under the direction of the board of selectmen of said
town, may enter upon and dig up any such ways, in such
manner as to cause the least hindrance to public travel on
such ways.

Section 3. The said fire district shall, within sixty
days after the taking of any lands, rights of way, water
rights, water sources or easements as aforesaid, other than
by purchase, file and cause to be recorded, in the registry
of deeds for the county within which such lands or other
property is situated, a description thereof sufficiently
accurate for identification, with a statement of the purpose
for which the same were taken, signed by the chairman
of the prudential committee of said fire district.

Section 4. The said fire district shall pay all damages
sustained by any person in property by the taking of any
land, right of w^ay, water, water source, water right or
easement, or by anj^ other thing done by said fire district
under the authority of this act. Any person sustaining
damages as aforesaid under this act, who fails to agree
with said fire district as to the amount of damages
sustained, may have the damages assessed and determined
in the manner provided by law when land is taken for the
laying out of highways, on application at any time within

1883. — Chapter 186. 489

the period of three years from the taking of such land or
other property, or the doing of other injury, under the
authority of this act ; but no such application shall be
made after the expiration of said three years. No applica- No application

/• 1 ! 1 to be made for

tion for assessment of damnges shall I)e made for the takino; damages umii

^ . A • y I !• • ■ 1 ^^ water is di-

or any wiitei-, Avater right, or for any injury thereto, until verted.
the water is actually withdrawn or diverted by said fire
district under the authority of this act.

Section 5. The said fire district may for the purpose North Adams

. ■' 1 1 Fire District

of paying the necessary expenses and liabilities incurred water Loan.
under the provisions of this act, issue, from time
to time, bonds, notes or scrip, to an amount not exceed-
ing in the aggregate one hundred thousand dollars ; such
bonds, notes and scrip shall bear on their face the words
*' North Adams Fire District Water Loan " ; shall be pay-
able at the expiration of periods not exceeding thirty
years from the date of issue ; shall bear interest payable
semi-annually, at a rate not exceeding six per centum per
annum, and shall be signed by the treasurer of the fire
district, and be countersigned by the chairman of the
prudential committee of said fire district. The said fire
district may sell such securities at public or private sale,
or ])ledge the same for money borrowed for the purposes
of this act, upon such terms and conditions as it may
deem proper. The said fire district shall provide, at the sinking fund to
time of contracting said loan, for the establishment of a ^« ««''''^'''*'"''^-
sinking fuiKl, and shall annually contribute to such fund a
sum sufficient, with the accumulations thereof, to pay the
principal of said loan at maturity. The said sinking fund
shall remain inviolate and pledged to the payment of said
loan, and shall l)e used for no other purpose.

Section 6. The said fire district shall raise annually. To raise an.

, . 1 • 1 • 1 ^ I • 1 • 1 <• nually liy taxa

by taxation, a sum wliich, with the income derived from tionasumsuffi.
the water rates, will be sufficient to pay the current annual I'n terVs't and
expenses of operating its water works, and the interest as ^Jnsea.^'''
it accrues on the bonds, notes and scrip issued as afore-
said by said fire district, and to make such contributions
to the sinking fund and payments on the principal as may
be required under the provisions of this act.

Section 7. Whoever wilfully or wantonly corrupts, Pen.aity for cor-
pollutes or diverts any of the wjiters taken or held under or for injury to
this act, or injures any structure, work, or other property ^"""P""^-
•owned, held or used by said fire district, under the
authority and for the purposes of this act, shall forfeit

490

1883. — Chapters 187, 188.

and pa}' to said fire district three times the amount of
damages assessed therefor, to be recovered in an action of
tort ; and upon conviction of either of the above wilful
or wanton acts shall be punished by a fine not exceeding
three hundred dollars or by imprisonment not exceeding
one year.

Section 8. This act shall take efiect upon its passage.

Approved May 16, 1883.

Chap. lot An Act in relation to boahdinox houses and boarding house

KEEPERS.

Be it enacted, etc., as follows:

Section 1. The provisions of section thirteen of chap-
ter one hundred and two of the Public Statutes in relation
to persons procuring food, entertainment or accommoda-
tions at inns with intent to cheat and defraud the owner or
keeper, shall apply to persons who, with like intent and in
the same manner, procure food, entertainment or accom-
modations at boarding houses.

Section 2. Boarding house keepers shall post in a
conspicuous place in each room of their boarding h9uses a
copy of section thirteen of chapter one hundred and two
of the Public Statutes as amended by section one of this
act. Approved May 16, 1883.

An Act relative to the taking of depositions.
Be it enacted, etc., as follows :

Section 1. Section twenty-eight of chapter one hun-
dred and sixty-nine of the Public Statutes is amended by
adding to the same, the words: "But where the adverse
party does not appear to defend within the time required
by law the justice may take the deposition without giving
any notice."

Section 2. Sei^tion forty-one of said chapter is
amended by adding to the same, the words : " But where
the adverse i)arty does not api)car to defend his cause,
such interrogatories need *not be exhil)ited to him nor
notice given him of the same."

Section 3. This act shall take eflect upon its passage.

AppiO':ed May 16, 1883.

Provisions of
P. S. 102, § 13,
to apply to
boarding
houses.

Law to be
posted in a con-
spicuous pliice.

OAap.188

Amendnaent to
P. S. 169, § 28.

Amendment to
P. S. 169, § 41.

1883. — Chaptek 189. 491

An Act granting a bounty for the production of sugar iyllCip.loJ

BEETS, or sorghum CANE, FOR THE PURPOSE OF MANUFACTURING
SUGAR.

Be it enacted, etc., as folloius:

Section 1. The sum of one dollar per ton of two Bounty for pro.
thousand pounds, shall be paid from the treasury of the beetTJiid sor?'*'^
Commonwealth to any person who shall produce in this &^"™cane.
Commonwealth sugar beets or any variety of sorghum
cane which shall be used in this Commonwealth in the
manufacture of sug;ir.

Section 2. The sugar beets or sorghum cane produced Beets nnd oane
for this purpose shall be weighed at the place of manufact- by^i%wofn^*^
ure, by a sworn weigher ap[)ointed by the selectmen of ^"gi^"'"-
the town or the mayor of the city in which the manufac-
tory is located, and he shall be compensated f )r his ser-
vices by the compuny or individual purchasing the same.
Such company or individual shall keep a correct record of Purchasers to
the name aud'residence of each person who delivers either namesfetc. °
of the above named products at its or his manufactory,
with the time of delivery, and the quantity measured in
tons.

Sections. The weisrher designated in section two of Returns to be
this act, shall from time to time, and before the first of weijiiei^to the
January of each year, transmit to the secretary of the bo'i.'i-d o? a°g'ri.
board of agriculture, correct lists of the persons vvith their culture.
residences who have produced and delivered at the fac-
tory of which he is the weigher, one or both of said prod-
ucts, with the number of tons produced and delivered by
each person ; and said secretary shall give to such persons
his certificate directed to the auditor of the Common-
Avealth, certifying that such person has produced the
stated number of tons of one or both of said products for
the purpose of manufacturing sugar therefrom, and is
entitled to receive from the treasury the sum of one dol-
lar tor each ton named therein.

Section 4. The secretary of the board of agriculture secretary of
shall keei) a correct record of the name and residence of rccor.is"of''°^
each person to whom he issues said cerliHcate, and the "'""'^'*' ^'c.
number of tons (jf either of the said crops grown by such
person.

Section 5. This act shall take effect upon its passage, to continue in
and continue in force until the first day of January in the ("Tsse.""' '^"''
year eighteen hundred and eighty-six.

Approved May 16, 1883.

492 1883. — Chapters 190, 191, 192.

GIlQ/p'^^O Ax Act making appropriations for the salaries and expenses

OF THE DISTRICT POLICE FORCE.

Be it enacted, etc., as follows :

Appropriations. Section 1. The sums hereinafter mentioned are appro-
priated, to be paid out of the treasury of the Ccmimon-
wealth, from the ordinary revenue, for the payment of
salaries and expenses of the district police force, during
the year eighteen liundred and eighty-thiee, to wit: —

Chief of district For the Salary of the chief of the district police force, a

^° '^^' sum not exceeding seventeen hundred dollars.

District police. FoF ihc compensiitioii of the district police force, a sum
uot exceedino: ei";hteen thousand dollars.

Travelling ex. For travelling expenses actually paid by members of

penses. ^^^.^j furcc, a Slim not exceeding nine thousand dollars.

Incidental and For incidental and continijent expenses, a sum not

penseT"''^" cxcecding tweuty-five hundred doll.irs.

Section 2. This act shall take effect upon its passage.

Approved May 23, 1883.

CAftp.191 An Act authokizing the rexfkew manufacturing company

TO INCUEASE its CAPITAL STOCK AND HOLD ADDITIONAL REAL
ESTATE.

Be it enacted, etc., as foUoivs :

May increase SECTION 1. The Kcnfrcw Manufacturing Company,

capital stock. incorporated by chapter one hundred and ninety-four of

the acts of the year eisrhteen hundred and sixty-seven, is

hereby authorized to increjtse its capital stock to aa

amount not exceeding one million five hundred thousand

dollars, and may hold additional real estate necessary for

its business not exceeding in value one million dollars.

Section 2. This act shall take eflfect upon its passage.

Ajyproved May 19, 1883.

Chap.^Q^ An Act making appropriations for salaries and expenses

AT THE REFORMATORY PRISON FOR WOMEN AT SUERBORN.

Be it enacted, etc., as follows:

Appropriations. SECTION 1. The sums hereinafter mentioned are appro-
priated, to be paid out of the treasury of the Common-
wealth, from the ordinary revenue, for the payment of
salaries and current expenses at the reformatory prison
for women during the year eighteen hundred and eighty-
three, to wit : —

Baiaries. For payment of Salaries at the reformatory prison for

women, a sum not exceeding twenty-three thousand dol-

1883. — Chapters 193, 194. 493

lars ; and for other current expenses of said institution, a Expenses.
sum not exceeding forty tliousand dollars.

Section 2. This act shall take effect upon its passage.

Approved May 23, 1883.

An Act making an appkopriation for the payment of the L/llQ.pA.Jo

COST of supporting I'KISONEUS REMOVED FROM TUE REFORMA-
TORY PRISON FOR WOMEN.

Be it enacted, etc., as follows:

Section 1. The sum hereinafter mentioned is appro- Appropriation.
priated, to be paid out of the treasury of the Con)mon-
wealth, from the ordinary revenue, for the purpose of
paying the cost of supporting prisoners in certain cases,
during the year eighteen hundred auil eighty-three, to
wit : —

For the payment of the cost of supporting prisoners Support of
removed from the reformatory piison for women, in p""*""*^""*-
accordance with the provisions of section twelve of chap-
ter two hundred and nineteen of the Public Statutes, a
eum not exceeding two hundred dollars.

Section 2. This act shall take effect upon its passage.

Ai^irroved May 23, 1883.

An Act authorizing the Walter heywood chair company to (7/i«/?.194

UOLU certain real estate in the city of new YORK. -^

Be it enacted, etc., as follows:

The Walter Heywood Chair Company, a corporation MayiioMcer-
duly established under the laws of this Commonwealth, is h"'lV,^clty''of'®
hereby authorized to hold and convey certain real estate New York.
situated in the city, county and state of Nevv York, and
particularly descrilied in a deed thereof from Rosa H.
Brown and others to said corporation dated January
fourth, eighteen hundred and eighty-three, and recorded
in the office of the register of the said city and county in
book seventeen hundred and four of conveyances, page
one bundled and ninety-seven, and the said deed is
hereby ratified and confirmed.

[ The foregoing was laid before the Governor on the fifteenth
day of May, 1883, and after fioe daysithadthe '•'- force of a law,"
as prescribed b>/ the Constitution, as it was not returned by him
with his objections loithin that time.'\

494

1883. — Chapters 195, 196, 197.

■Witnesses may
be compelled to
ntte?ul and to
testify before
special tribu-
nals.

Chcip.i.vO An Act to enforce the attendance of witnesses before

SPECIAL TRIBUNALS.

Be it enacted, etc., as follmcs:

Section 1. Any justice of the supreme jvidicitil court
or the superior court, either in term time or vacation,
upon tiie npplicutiou of any trilmuiil haviu": authority to
summon but not power to comi)el the attendance of wit-
nesj^es and the givin;^ of testimony before it, may in his
discretion compel the attendance of such witnesses and
the giviii<2j of testimf)ny before any such trii)unal in the
same manner and to the same extent as l)efore said courts^

Section 2. This act shall take etfcct upon its passage.

A]'2}rovecl May 24, IS 83.

Chaj)'^OQ An Act making appropriations for salaries and expenses at

THE STATE PRISON AT CONCORD.

Be it enacted, etc., as follows :
Appropriations, Section 1. The sums hereinafter mentioned are appro-
priated, to be paid out of the treasury of the Common-
wealth, from the ordinary revenue, for the jiayment of
salaries and expenses at the state prison at Concord,
during the year eighteen hundred and eighty-three, to
Avit : —

For payment of salaries at the state prison at Concord,
a sum not exceeding fifly-.'^even thousi'id dollars; and for
other current expenses of said institution, a sum not
exceeding seventy-six thousand didlars.

Section 2. This act shall take effect upon its passage.

Approved May 24, 1SS3.

Salaries and
expenses at
slate prison.

Chctp.107 ^^ -^^"^ MAKING AN API'ROPRIATI
-'■ ' WITU AltKEST OF FLG

ATION FOR EXPENSES IN CONNECTION
GITIVES FUOJl JUSTICE.

Appropriation.

Arre^'t of fugi-
tives from jus.
tice.

Be it enacted, etc., as folloios:

Section 1. The sum hereinafter mentioned is appro-
priated, to be paid out of the tr^'asury of the Common-
wealth, from the ordinary revenue, for the purpose of
the payment of expenses incurred in connection with
the arrest of fugitives from justice, during the year
eighteen hundred and eighiy-three, to wit: —

For expenses incurred in the arrest of fuijitives from
justice, a sum not exceeding two thousand dollars.

Section 2. This act shall take eliect upon its passage.

Approved 3Iay 24, 1883.

1883. — Chapters 198, 199, 200. 495

An Act making an appropriation for expenses in connection O/lCtp.lvo

■VVITII REMOVING PRISONERS TO AND FROM THE KEFOKMATORY
PRISON FOR UO.MEN.

Be it enacted, etc., as follows :

Section 1. The sum hereinafter mentioned is appro- Appropriation,
printed, to be paid out of the treasury of the Common-
weaith, ftom the ordinary revenue, for the payment of
expenses incurred in removing prisoners from the reform-
atory prison for women, during the year eighteen hundred
and eighty-three, to wit : —

For expenses incurred in removing prisoners from the ExpcnBeeofre-

n J • ,■ ^I'li i- moving prison-

reiormatory prison lor women, as authoiized oy section era from prison
ten of chapter two iiundred and nineteen of the Public ^"^ '*^"'"'^"-
Statutes, a sum not exceeding Iwcj hundred doUars.
Section 2. This act shall take effect upon its passage.

Aj)ir>'oved May 24, 1883.

An Act to authorize the pitcexix brewing company to manu- CViCf^?. 199

FACTURE ALE.

Be it enacted, etc., as folloios :

Section 1. Section one of chapter one hundred and May brew aie.
twenly-one of the acts of the year eighteen hundred and
seventy-nine, is hereby amended by inserting after the
•wo"rd " beer" in the tifih line, the words "and ale."

Section 2. This act shall take effect upon its passage.

Approved May 24, 1883.

An Act authorizing the American bell telephone company to dl(X7).2.00
iio_D stock in certain corporations.

Be it enacted, etc., as follows :

Section 1. Secti(m two of chapter one hundred and May hold stock
seventeen of the acts of the year eighteen hundred and JoraUons."'"'
eighty is hereby amended by striking out the words,
^'provided, that said corporation shall not become a stock-
holder in any other corporation doing business in this
state to an amount exceeding thirty per cent, of the
capital stock of said last named corporation," and insert-
ing in the place thei'eof the words, '^provided, that said
corporation shall not become a stockholder in any other
corporation doing Inisiness in this Commonwealth except
corporations operating under license from it, and corpora-
tions whose business within this Commonwealth consi.sts
solely in the manufacture, sale, or manufacture and sale,

4:96

1883. — Chapter 201.

Corporators.

Name and pur
pose.

of electrical apparatus, to an amount exceeding thirty per
cent, of the capital stock of such other corporation."

Section 2. This act shall take elFect upon its passage.

[ Tlie foregoing tvas laid before the Governor on the sixteenth
day of M(ty, ISSS, and after five days it had the '■'force of a law"
as prescribed by the Constitution, as it tvas 7iot returned by hiiVi
with his objections within that time.']

Chcip.201. An Act to incorporate the naukeag water company.
Be it enacted, etc., as follows:

Section 1. Ivers W. Adams, George G. Rockwood,
"Walter R. Adams and their associates and successors, are
hereby made a corporation by the name of the Naukeag
"Water Company, for the ])urpose of turnishiug the inhabi-
tants of the town of Ashburnham with water for the
extinguishment of fire^, and for domestic and other
purposes ; with all the powers and privileges, and subject
to all the duties, restrictions and lial)ilities set forth in all
general laws which now are or may hereafter be in force
applicable to such corporations.

Sectiox 2. The said corporation, for the purposes
aforesaid, may take by purchase or otherwise, and hold,
the water of any springs or streams, or of any other water
sources, on land owned by the said Ivers W. Adams, in
said town of Ashbumham, but nothing in this act shall
authorize the taking of the water of any spring, brook or
pond flowing into Miller's River, or any branch thereof,
within said town of Ashburnham and the water rights
connected with any such water sources, and also all lands,
rights of way and easements, necessary for holding and
preserving such water, and for conveying the same to any
part of said town ; and may erect on the land thus taken
or held, proper dams, buildings, fixtures and other struct-
ures, and may make excavations, procure and ojjerate
machinery, and provide such other means and appliances
as may be necessary for the estal)lishment and mainten-
ance of complete and effective water works ; and may
construct and lay down conduits, pipes and other works
under or over any lands, water courses, railroads, or
pul)lic or private ways, and along any such ways in such
manner as not unnecessarily to obstruct the same ; and for
the purpose of constructing, maintaining and repairing
such conduits, pipes and other works, and for all proper
purposes of this act, said corporation may dig up any

Miy take water,
etc , ill Ash-
burubam.

May constrnct
and lay down
conduila.

1883. — Chapter 201.

497

such lands, and, under the direction of the board of
selectmen of the town in which any such ways are situ-
ated, may enter upon and dig up any such ways in such
manner as to cause the least hindrance to public travel on
such ways.

Sectiox 3. The said corporation shall, within sixty
days after the taking of any lands, rights of way, water
rights, water sources or easements as aforesaid, otherwise
than by purchase, file and cause to be recorded, in the
registry of deeds for the county within which such lands
or other property is situated, a description thereof suffi-
ciently accurate for identification with a statement of the
purpose for which the same were taken, signed by the
president of the corporation.

Section 4. The said corporation shall pay all damages
sustained by any person in property by the taking of any
land, right of way, water, water soui'ce, water right or
easement, or by any other thing done by said corporation
under the authority of this act. Any person sustaining
damages as aforesaid under this act, who fails to agree
with said corporation as to the amount of damages sus-
tained, may have the damages assessed and determined in
the manner provided by law when land is taken for the
laying out of highways on application at any time within
the period of three years from the taking of such land or
other j)roperty, or the doing of other injury, under the
authority of this act; but no such application shall be
made after the expiration of said three 3^ears. No appli-
cation for assessment of damages shall be made for the
taking of any waler, water right, or for any injury thereto,
until the water is actually withdrawn or diverted by said
corporation under the authority of this act.

Section 5. The said corporation may distribute the
water through said town of Ashburnham ; may regulate
the use of said water and fix and collect rates to be paid
for the use of the same ; and may make such contracts
with the said town, or with any fire district that is or may
hereafter be established therein, or with any individual or
corporation, to supply water for the extinguishing of fire
or ibr other purposes, as may be agreed upon by said
town, or such fire district, individual or corporation, and
said corporation.

Section (j. The said corporation ma}^ for the pur-
poses set forth in this act, hold real estate not exceeding

To tile and re-
cord in the reg.
istry of deeds,
a description of
land, etc., taken.

Payment of
damages.

No application
to be made for,
daraaijes until
water is with-
drawn.

May distribute
water and fix
and collect
water rates.

Real estate and
capital stock.

498

1883. — Chapter 201.

Penalty for in-
jury to proper-
ty, etc.

May purchase
■water from
owner of any
aqueduct.

May issue
bonds, and se-
cure by mort-
gage.

Town or any
fire district may
purcliase fran-
cliise and prop-
erty.

Subject to as-
Bent i)y a two-
thirds vote.

in amount twent3'-five thousand dollars ; and the whole
capital stock of said corporation shall not exceed seventy-
five thousaud doUars, to be divided into shares of one
hundred doUars each.

Se(;tiox 7. Whoever wilfully or w^antonly corrupts,
pollutes or diverts any of the waters taken or held under
this act, or iujures any structure, woik or other property
owned, held or used by said corporation under the author-
ity and for the purposes of this act, shall forfeit and pay
to said corporation three times the amount of damages
assessed therefor, to be recovered in an action of tort ;
and upon conviction of either of the above wilful or
wanton acts shall be punished by a tine not exceeding
three hundred dollars or by imprisonment not exceeding
one year.

Section 8. The said corporation may purchase from
the owner of any aqueduct now used in furnishing water
to the inhabitants of said town all the estate, property,
rights and privileges of such owner, and by such purchase
shall become subject to all the liabilities and duties to
such owner appertaining.

Section 9. The said corporation may issue bonds, and
secure the same by a mortgage on its franchise and other
property, to an amount not exceeding its capital stock
actually paid in and applied to the purposes of its incor-
poration.

Section 10. The said town of Ashburnham, and any
fire district that is or may hereafter be established therein,
shall have the right, at any time during the continuance of
the charter hereby granted, to purchase the franchise,
corporate property and all the rights and privileges of
said corporation at a price which may be mutually agreed
upon between said corporation and the said town, or such
fire district ; and the said corporation is authorized to
make sale of the same to said toAvn or to such fire dis-
trict. In case said corporation and said town, or such tire
district, are unable to agree, then the compensation to be
paid shall be determined ])y three commissioners, to be
appointed by the supreme judicial court, upon application
of either party and notice to the other, whose award when
accepted by said court shall be binding upon all parties.
This authority to purchase said franchise and property is
granted on condition that the same is as'^ented to by said
town, or such fire district, by a two-thirds vote of the

1883. — Chapter 202. 499

voters of said town, or such fire district, present and
Toting thereon at a meeting called for that purpose.

Section 11. The county commissioners for the county corporation
within which any land, water or water rights taken under togives'^^c'urity^
this act is situated, shall, upon application of the owner fo"" J^n^ages.
thereof, require said corporation to give satisfactory
security for the payment of all damages and costs which
may be awarded such owner for the land or other prop-
erty so taken ; but previous to requiring such security the
county commissioners shall, if a})plication therefor is made
by either party, make an estimate of the damages which
may result from such taking, and the county commission-
ers shall in like manner require further security, if at any
time the security before required appears to them to have
become insufficient; and all the right or authority of said
corporation to enter upon or use such land or other
property, except for making surveys, shall be suspended
until it gives the security so required.

Section 12. Chapter three hundred and seventy-seven Rppeai of i87i,
of the acts of the year eighteen hundred and seventy-one ^^^'
is repealed.

Section 13. This act shall take effect upon its passage.

Approved May 25, 1883.

An Act to limit the investments of savings banks and insti- Ohctp.2i02

TUTIONS FOR SAVINGS IN TUE STOCK OF BANKS AND BANKING
ASSUCIATIUNS.

Be it enacted, etc. , as follows :

Section 1. No savings bank or institution for savings investments of
shall hereafter invest, or hold as collateral security, more ^n u!t^s.ocb''o*f
than thirty-five per cent, of its dei)osits in the stock of >;'"'|^"? "'"i ,
banks and banking associations, such as are described in tions, limited.
clause four, section twenty, of chapter one hundred and
sixteen of the Public Statutes. Any such savings bank
or institution for savings which now has more than thirty-
five per cent, of its de[)0sits invested as aforesaid, shall
reduce its investments therein to said limit on or l)efore
the first day of July in the year eighteen hundred and
eighty-five.

Section 2. This act shall take effect upon its passage.

Approved May 25, 1883.

600

1883. — Chapter 203.

CAap.203 An Act

Election of
assesaors in
towns.

Election of
oversters of the
poor in towns.

RELATIVE TO TFIE ELECTION OF ASSESSORS AND OVER-
SEEKS OF THE POOR IX TOWNS.

Be it enacted , etc., as folloios :

Section 1. Section sixty-five of chapter twenty-seven
of the Public Statutes is repealed and the following i»
substituted therefor: — "Section 65. A town which at
an annual meeting has accepted the provisions, in regard
to assessors, of chapter two hundred and fifty-five of the
acts of the year eighteen hundred and seventy-eight, or the
provisions of sections sixty-five, sixty-six, sixty-seven and
sixty-eight of chapter twenty-seven of the Pul)lic Statutes,
and in which such acceptance has not been revoked, or
which shall at an annual meeting accept the provisions of
this and the three following sections, may elect at such
annual meeting, or at any subsequent annual meeting,
three, five, seven or nine assessors in the manner and lor
the terms respectively provided in the preceding section
for electing a like number of selectmen ; or it may elect
four assessors, two for one year, and two for two years ;
and at eich annual meeting thereafter it may elect two
to serve for two j'ears."

Section 2. Section sixty-nine of chapter twenty-seven
of the Pul)lic Statutes is repealed and the following is
substituted therefor; — " Section 69. A town which has
accepted the provisions of chapter one hundred and
eighty-six of the acts of the year eighteen hundred and
seventy-seven, or of sections sixty-nine, seventy, seventy-
one, seventy-two and seventy-three of chapter twenty-
seven of the Public Statutes, and which has not revoked
such acceptance, or which shall at an annual meeting
accept the provisions of this and the four following sec-
tions, may at such animal meeting or at any subsequent
annual meeting elect by ballot three, five, seven or nine
overseers of the poor in the manner and for the terms
respectively provided in section sixty-four for electing a
like number of selectmen ; and the persons so chosen shall
constitute the board of overseers of the poor in such
town."

Section 3. This act shall take efi'ect upon its passage.

[ The foregoing tvas laid before the Governor on the fifteenth
day of 3f ay, 1^83, and after five days it had the ^^ force of a
law" as jyr escribed by the Constitution, as it was not returned by
him loith his objections within that time.^

1883. — Chapters 20i, 205, 206. 501

An Act authorizing the puoprietous of the ministerial fund Chcip.zSj±

IN THE PARISH OF BYFIEI.D TO SELL CERTAIN REAL ESTATE.

Be it enacted, etc.^ as follows :

Section 1. The proprietors of the ministerial fund in May sen the
the parish of By field, a corporation established by an act lof-'TuNe^w-
passed on the twenty-ninth day of February in the year ^"''^■
eighteen hundred and twelve, is hereby authorized to sell
at pul)lic or private sale the whole or any part of a certain
parcel of woodland owned by said corporation known as
the "parsonage lot," and situated in the town of New-
bury.

Sectiox 2. The proceeds of the sale of said land shall investment of
be invested in the same manner and the interest accruing ^li^,^^ *"
therefrom shall be appropriated to the purposes set forth
in said act of incorporation.

Section 3. This act shall take effect upon its passage.

Approved May 29, 1883.

An Act in relation to the maluen, medford and melrose L'/lCtp.ZUo

GAS light company.

Be it enacted, etc., as follows :

Section 1. So much of section two of chapter two Name changed,
hundred and eighty of the acts of the year eighteen hun-
dred and fifty-six as changed the name of the Maiden and
Melrose Gas Light Company to the Maiden, Medford and
Melrose Gas Light Company, is hereby repealed, and the
name of said company shall be the Maiden and Melrose
Gas Light Company.

Section 2. All acts done in the name of the Maiden Acts confirmed,
and Melrose Gas Light Company since the acceptance of
said act shall have the same force and effect as if done in
the name of the Maiden, Medford and Melrose Gas Light
Company.

Section 3. This act shall take effect upon its passage.

Approved May 29, 1883.

An Act to incorporate the essex county building company. Chap.20Q
Be it enacted, etc., as follows:

Section 1. S. Endicott Peabody, Benjamin W. corporators.
Russell and Francis Peabody, Jr., their associates and
successors, are made a corporation for the term of fifty
years, from the date of the passage of this act, by the
name of the Essex County Building Company ; and for Name.

502

1883. — Chapter 207.

Powers and
liabilities.

Mny sell prop-
erty, erect
buildings, etc.

Capital stock
and shares.

this purpose said corporation shall be subject to the provi-
sions of chapter one hundred and tive and chapter one
hundred and six of the Public Statutes, and to all general
corporation laws which now are or hereafter may be in
force, and shall have the powers and be subject to the
liabilities and restrictions prescribed therein, and shall
have power to purchase and hold in fee simple or other-
wise all or any part of any lands in Salem, in Essex
County, now owned by S. Endicott Peabody of said
Salem, and such other unimproved lands in said Salem as
said corporation may purchase from time to time, not
exceeding three acres in all including the lands now
owned by said S. Endicott Peabody.

Section 2. The said corporation shall have power to
sell, lease, mortgage and otherwise dispose of its corpo-
rate property and any parts thereof and to improve the
same, to erect buildings, dwelling houses and other struct-
ures thereon, and otherwise improve the same as may be
deemed expedient.

Section 3. The capital stock of the said corporation
shall not exceed two hundred and fifty thousand dollars,
divided into shares of one hundred dollars each.

Section 4. This act shall take effect upon its passage.

Approved May 29, 1883.

(JJlCip.2i07 An Act making appropuiations for salaries and expenses

AT THE STATE WORK.HOi;SE AT BKIDGEWATEK.

Appropriation.

Salaries and ex-
penses.

Be it enacted, etc., as follows:

Section I. The sums hereinafter mentioned are appro-
priated, to l)e paid out of the treasury of the Common-
wealth, from the ordinary revenue, for the payment of
salaries and expenses at the state workhouse at Bridge-
water, during the year eighteen hundred and eighty-three,
to wit :

For payment of salaries at the state workhouse at
Brids^ewater, a sum not exceedinsr eleven thousand dol-
lars ; and for other current expenses of said institution, a
sum not exceeding twenty-nine thousand dollars.

Section 2. This act shall take effect upon its passage.

\^The foregoing roas laid before the Governor on the tiventy-second
day of May, 1S83, and after fioe days it had the ^'- force of a laio"
as prfscribed by the Constitution, as it was not rttarned by him
with his objections within that iime.^

1883. — Chapters 208, 209, 210. ' 503

An Act making an appropriation for the contingent expenses Chcip.20S

OF THE commissioners OF PRISONS.

Be it enacted, etc., as follows :

Section 1. The sum hereinafter mentioned is appro- Appropriation.
printed, to be paid from the treasury of the Common-
wealth, from the ordinary revenue, for the contingent
expenses of the commissioners of prisons during the year
eighteen hundred and eighiy-three, to wit : —

For the contingent expenses of the commissioners of contingent ex-
•prisons, a sum not exceeding eight hundred dolhirs. penses.

Section 2. 'lliis act shall tal^e effect upon its passage.

[_The foreg'dng tvas laid before the Governor on the twenty-
second day of May, 1883, and after Jive days it had the ^\force
of a Itiw " as prescribed by the C< institution, as itioasnot returned
by him with his objections within that time.^

An Act making an appropijiation for the travelling ex- C7lCip.2,0Q

PENSES OF TUE COMMISSIONEKS OF PRISONS AND THE SECRETARY
TUEUEOF.

Be it enacted, etc., as follows:

Section 1 . The sum hereinafter mentioned is appro- Appropriation.
priated, to be paid out of the treasury of the Common-
wealtli, from the ordinary revenue, for the purpose of
paying the travelling expenses of the commissioners of
prisons and the secretary thereof, during the year eighteen
hundred and eighty three, to wit : —

For the travelling ex[)enses of the commissioners of Travelling ex-
piisoiis and the secretary thereof, a sum not exceeding p"'""^*-
eight hundred dollars.

Section 2. This act shall take effect upon its passage.

[^The foregoinq ivas laid before the Governor on the twenty-
second day oj May, 1883, and after five days it had the '''■force
of a laiv" as prescribed by the Constitu ion, as it loas not returned
by him with his objections within that <wne.]

An Act making appropriations for salaries and expenses Chctp.'il.O

AT the STATE INUL'SIRIAL SCHOOL AT LANCASTER.

Be it enacted, etc., as follows :

Section 1 . The sums hereinafter mentioned arc Appropriation.
appro})riated, to be paid out of the treasury of the Com-
monwealth, from the ordinary revenue, for the payment
of salaries and expenses at the state industrial school for
gii'ls at Lancaster, during the year eighteen hundred and
eighty-three, to wit : —

504

1883. — Chapters 211, 212.

Salaries and ex-
penses.

Chap.211

Appropriation.

Salaries and ex-
penses.

For payment of salaries at} the state industrial school
for girls, a sum not exceeding six thousand doUars ; and
for other current expenses of said institution, a sum not
exceeding ten thousand five hundred dollars.

Section 2. This act shall take efiect upon its passage.

[T/ie foregoing ivas laid before the Governor on the twenty-
second day of May, 18^3, and after five days it had the '■^ force
of a Jaw" as jx'cscrihed by the Constitution, as it luas not returned
by him tcith his objections xcithin that time.'\

An Act biakixg appropriations for salaries and kxpenses
at the state reform school at westborougu.

Be it enacted, etc., as foUoivs:

Section 1. The sums hereinafter mentioned are appro-
priated, to be paid out of the treasury of the Common-
wealth, from the ordinary revenue, for the payment of
salaries and expenses at the state reform school at West-
borough, during the year eighteen hundred and eighty-
three, to wit : —

For payment of salaries at the state reform school, a
sum not exceeding fifteen thousand dollars ; and for other
current expenses of said institution, a sum not exceeding
twenty thousand dodars.

Section 2. This act shall take effect upon its passage.

IThe foregoing ivas laid before the Governor on the twenty-
second day of May, 1883, and after five days it had the '■'force
of a law " as prescribed by the Constitution, as it loas not returned
ly him ivith his objections tvithin that time ]

Ohap.212 An Act making an appropriation for tue expenses of the

TRUSTEES OF THE STATE PRI.MARY AND REFORM SCHOOLS.

Be it enacted, etc., as follows:

Section 1. The sum hereinafter mentioned is appro-
priated, to be paid out of the treasury of the Common-
wealth, from the ordinary revenue, for expenses of the
trustees of the state primary and reform schools, during
the year eighteen hundred and eighty-three, to wit : —

For travelling and other necessary expenses of the
trustees of the state primary and reform and industrial
schools, a sum not exceeding twelve hundred dollars.

Section 2. This act shall take effect upon its passage.

[ The foregoing teas laid before the Governor on the twenty-
second day of May, 1883, and after five days it had the "-force
of a laio," as jyrescribed by the Coyistitution, as it was not returned
by lam with his objections ivithin that time.']

Appropriation.

Travelling ex-
pcuses, etc.

1883. — Chapters 213, 214. 505

An Act making appropriations for the assistance of female G7iO_2^.213

CONVICTS DISCHARGED FUOJI THE PKISi)NS OF THIS COMJION-
WEALTH.

Be it enacted, etc., as follows :

Sectiox 1. The sums hereinafter mentioned are appro- Appropriation,
priated, to be paid out of the treasury of the Common-
wealth, from the ordinary revenue, for the salary of an
agent, and for assistance rendered female convicts dis-
charged from the prisons of this Commonwealth, during
the year eighteen hundred and eighty-three, to wit : —

For the salary of the agent of discharged female con- salary of agent,
victs, a sum not exceeding seven hundred dollars, as
authorized by section twenty-seven of chapter two hun-
dred and nineteen of the Public Statutes.

For expenses of said agent, and for assistance to said Assistance to
convicts, a sum not exceeding twenty-three hundred '^o"^'^'^' ^^c.
doUars.

Section 2. This act shall take efiect upon its passage.

f The foregoing ivas laid before the Governor on the twenty'
second day of 3I(iy, 1883, and after five days it had the '■'■ force
of a laiv," as prescribed by the Constitution, as it ivas not returned
by him icith his objections within that tivie.^

An Act making appropriations for salaries and expenses at (7A«2^.214

THE state primary SCHOOL AT MONSON.

Be it enacted, etc., as folloios:

Section 1. The sums hereinafter mentioned are appro- Appropriation.
priated, to be paid out of the treasury of the Conmion-
wealtli, from the ordinary revenue, for the payment of
salaries and expenses at the state primary school at Mon-
son, during the year eighteen hundred and eighty-three,
to wit : —

For the payment of salaries at the state primary school salaries and ex-
at Monson, a sum not exceeding seventeen thousand p™**^*-
dollars; for other current expenses of said institution, a
sum not exceeding thirty-four thousand dollars, and for Board of chii.
boarding out children, a sum not exceeding three thousand
dollars.

Section 2. This act shall take effect upon its passage.

[ The foregoing was laid before the Governor on the twenty-
second day of May, 1883. and after Jiue days it had the "■/orce
of a laio," as ijrescribed by the Constitu'.ion, as it was not returned
by him with his objections within that time.^

506

1883. — Chapteks 215, 216, 217.

Chap.2il5 An Act making appropriations for the assistance of convicts

DISCHARGED FROM THE STATE PRISON AT CONCORD.

Be it enacted, etc., as folloivs :
Appropriation. Sectiox 1. The siuiis hereinafter mentioned are appro-
priated, to be paid out of the treasiuy of the Common-
wealth, from the ordinary revenue, for the salary of an
agent, and for the purpose of rendering assistance to
convicts discharged from the state prison at Concord,
during the year eighteen hundred and eighty-three, to
wit : —

For the salary of the agent for aiding discharged
convicts, one thousand dollars, as authorized by chapter
two bundled and nineteen, section twenty-six, of the
Public ;Statutes.

P^or expenses of said agent, a sum not exceeding three
thousand dollars, to be used in rendering assi?tance ta
said convicts, as authorized by chapter two hundred and
nineteen, section twenty-six, of the Public Statutes.

Section 2. This act shall take effect upon its passage,

[ The foregoing was laid befure the Governor on the twenty-
second day of May, 1SS3, and after fioe days it had the '■'■force
of a law," as prescribed by the Constitution, as it was not returned
by him with his objections within that time.^

Salary of agent.

Exponges of
agent.

Chap

Corapensation
of ahst'Psors,
etc., to be paid
by counties in
Tchicli ap-
pointed.

.216 An Act in relation to the compensation of assessors, masters
in cuancery and special masters!

Be it enacted, etc., as follows :

Section 1 . The supreme judicial court and the superior
court shall award reasonable compensation to assessors,
masters in chancery and special masters for duties per-
formed under the direction of said courts, to be paid by
the counties in which they are appointed and not to be
taxed in the bill of costs of either party to the action.

Section 2. This act shall take effect upon its passage.

Ajjpi-oved June 2, 1883.

C7iap.217

Limited number
of co'ivicts to
be employed in
certain indus-
tries.

An Act relating to tiir employment op prisoners.
Be it enacted, etc., as folloivs:

Section 1. The number of inmates of any prison in
this Conunonwealth who may be employed in the indus-
tries hereinafter named, under any contract or contracts
made after the passage of this act, shall be limited as
follows : in the manufacture of men's, boys' and youths'

1883. — Chapter 218.

507

boots and shoes, not more than one hundred and fifty ; in
the manufacture of women's, misses' and children's boots
and shoes, not more than one hundred and fifty ; in the
manufacture of hats, not more than one hundred and fifty ;
in the manutactiire of brushes, not more than one hundred ;
in the manufacture of wood mouldino-s, not more than
one hundred ; in the manufacture of harnesses, not more
than one hundred ; or in any other industry, not to exceed
one hundred and fifty.

Sectiox 2. This act shall take eflect upon its passage.

Approved June 2, 1883.

An Act to regulate the sale of coal by measuke. CJlttp.'^lS

Be it enacted, etc., as follows:

Section 1. In the sale by measure, of coal in quanti- saieofcoaiby
ties less than five hundred pounds, the baskets or measures "aied."'^''' '^^"'
used in measuring the same shall be of a cylindrical form,
of the following dimensions in the inside thereof, to wit :
nineteen inches in diameter in every part, and nine inches
in depth, measured from the highest part of the bottom
thereof, each of which shall be deemed to be of the capac-
ity of one bushel ; or nineteen inches in diameter in
every part, and four inches and one-half in depth, meas-
ured from the highest part of the bottom thereof, each of
which shall be deemed to be of the capacity of one-half
bushel. Such measures, in selling, shall be filled level
full, and every such measure shall be sealed by a sealer of
the city or town in which the person using the same
usually resides or does business.

Section 2. Every vendor of coal wdio has in his penalty,
possession a basket, box, tub, vessel or other measure not
conforming to the provisions of the preceding section, or
not sealed as therein provided, with intent to use the same
or to permit the same to be used in measuring coal, sold
or oftered for sale, and any person who measures coal sold
or oflered for sale in any basket or other measure not
conforming to the provisions of the preceding section and
sealed as therein provided, shall be subject to a fine not
exceeding twenty dollars for each offence.

Approved June 2, 1883.

508

1883. — Chapters 219, 220, 221.

Chcij^J^iVd An Act granting land for a school to tue town of Florida.

Grant of lan<^ to
town of Florida,

School-house to
be erected with-
in two years.

Be it enacted^ etc., as follows:

Section 1. The town of Florida is hereby granted the
free use and occupation of a certain parcel of land owned
by the Commonwealth situated in said town of Florida,
being a part of the Truesdale Farm, so called, containing
live hundred and thirteen one-thousandths of an acre, and
l)ounded as follows : Northwesterly by the centre line of
a discontinued town road, northeasterly by the highway
leading from the Hoosac Tunnel post-office to Readshoro',
and southerly by land of the heirs of Dennis Buckley.
This grant is made on condition that a school-house shall
be erected on said land within two years from the passage
of this act, and the right to occupy said land free of rent
shall continue so long as said land is used by said town
for public school-house purposes, and no longer.

Section 2. This act shall take eflect upon its passage.

Approved June 2, 1883.

Chap.

Proceedings
confirmed.

220 An Act to confirm the proceedings of the melrose orthodox
congregational society.

Be it enacted, etc, as follows:

Section 1. The proceedings of the meetings of the
Melrose Orthodo.x Congi'egational Society, a corporation
duly organized on the twenty-eighth day of June in the
year eighteen hundred and forty-eight, shall not be invalid
because the records do not show that the clerks of said
society were sworn, nor because the records do not show
the consent in writing of persons admitted as members
thereof.

Section 2. This act shall take effect upon its passage.

Approved June 2, 1883.

Chap.

221 An Act relative to the transmission of electricity for the

PURPOSE OF lighting.

Be it enacted, etc., as follows:

Lawsreeuiating Section 1. All provisioHS of Liw granting to persons
Hneftoappi'yto aud corporatlous authority to crcct, lay and maintain and
mission or""*" to citlcs aud towns authority to regulate telegraph and
electricity, etc. telephone liiics, except sections sixteen and eighteen of
chapter one hundred aud nine of the Public Statutes,

1883. — Chapter 222. 509

shall, so far as applicable, apply to lines for the transmis-
sion of electricity for the purpose of lighting.

Section 2. This act shall take etfect upon its passage.

Approved June 2, 1883.

An Act to allow the international trust cojipany to accept Chcip.22i2

TRUSTS UNDER WILLS AND FOR OTHER PURPOSES.

Be it enacted, etc., as follotvs :

Sectiox 1. The International Trust Company, incor- May be appoint-
porated hy chapter one hundred and fifty-two of the acts f,fsa™mcnt'we^-'
of eighteen hundred and seventy-nine, may be appointed aungatrust.
trustee under any will or instrument creating a trust for
the care and management of property, under the same
circumstances and in the same manner, and subject to the
same control by the court having jurisdiction of the same,
as in the case of a legally qualified person. Any court of
law or equity, inckiding courts of probate and insolvency,
and any corporation, or person acting in any representa-
tive fiduciary, official or other capacity ma}" deposit in
trust or otherwise with said corporation, which is hereby
authorized to receive the same, money or other property
upon such terms as may be agreed upon.

Sectiox 2. The directors shall from time to time set Tmst guarantee
apart as a trust guarantee fund, such portion of the capital %fn°^^^^^
as they may judge expedient not exceeding in the aggre-
gate the amount which the stockholders shall have author-
ized to be so set apart, and not exceeding fifty per cent,
thereof. The trust guarantee fund and all moneys or
properties received or held in trust, unless by the terms
of the trust some other mode of investment is prescribed,
shall be loaned or invested only in such securities as
savings banks chartered in this Commonwealth are now or
may hereafter be authorized to invest in. All money or
property held in trust including the trust guarantee fund
shall constitute a trust deposit and such funds and the
investment or loans of them shall be especially appropri-
ated to the security and payment of such deposits and
not be subject to any other liabilities of the corporation ;
and for the purpose of securing the observance of this
proviso, said corporation shall have a trust department
in which all business pertaining to such trust property
shall be kept separate and distinct from its general
business.

510

1883.— Chapter 223.

Capital stock,
etc., to be
accepteil as sub-
stitute for bond
with sureties.

To take effect

upon

acceptance.

Section 3. The capital stock of said corporation with
the lialjility of the stockholders existing thereunder,
together with any specific portion of the capital set apart
as a trust guarantee fund, as herein provided, shall be
accepted as a substitute for bonds with sureties in all cases
of deposits or undertakings where individuals would be
required to give such bonds to the extent in the aggregate
of fifty times the amount of such trust guarantee fund.

Section 4. This act shall take ellect upon its accept-
ance by the International Trust Company ; which accept-
ance, with the date thereof, shall within ten days thereafter
be certified by the president of said corporation to the
secretary of the Commonwealth.

[ The foregoing tvas laid before the Governor on the twenty-
fourth day of May^ 1883, and after Jive days it had the '•'•force
of a law" as prescribed by the Constitution, as it tvas not returned
by him ivith his objections loithin that time.']

Act accej)ted July 10, 1883.

Superior Court
to have jurisdic-
tion in equity.

Chcif)''2i23 An Act granting jurisdiction in equity to the superior

COURT.

Be it enacted, etc., asfolloios:

Section 1. The superior court shall have original and
concurrent jurisdiction with the supreme judicial court in
all matters in which relief or discovery in equity is sought,
with all the powers and authorities incident to such juris-
diction, and may issue all general and special writs and
processes required in proceedings in equity to courts of
inferior jurisdiction, corporations and persons when neces-
sary to secure justice and equity.

Section 2. All the sections of chapter one hundred
and fifty-one of the Public Statutes except sections one,
twelve, twenty-seven, twenty-eight, thirty, thirty-one and
thirty-three shall apply, except as herein otherwise pro-
vided, to suits in equity in the superior court. In these
sections so applied, and in this act, the phrase "full
court " shall mean the supreme judicial court in banc.

Section 3. Proceedings, processes, and practice in such
cases shall conform, as nearly as may be, to those of the
supreme judical court, and the general rules for the time
being of the supreme judicial court for the regulation of
practice in equitj^ shall, except as herein otherwise pro-
vided, be rules of the superior court in the exercise of its
equity jurisdiction, as far as those rules are applicable.

p. S. lol, except,
etc., to apply to
suits in equity
in Superior
Court.

Proceedings,
etc., to conform
as nearly as may
be to those of
S. J. C.

1883. — Chapter 223.

511

Section 4. For hearings, and making, entering and
modifying orders and decrees in equity causes by a single
justice, and issuing writs in such causes, the superior
court shall be always open in each county, except on holi-
days established by law ; and all such proceedings shall
be deemed to be had in court, and not in chambers,
whether the court at the time thereof is sitting or open
for other purposes or not.

Sectiox 5. Such suits shall be entered upon the same
docket as other cases in the superior court. All processes
shall be made returnable at the term next after fourteen
daj's from the date of the process, if required to be served
fourteen days before the return day, or at the term next
after thirty days from such date, if required to be served
thirty days before the return day, or at any rule day
within three months after the date of the process.

Section 6. After an a{)peal is taken from a decree in
equity of the superior court, any justice of the supreme
judicial court, or the full court, may by order suspend, on
terms or otherwise, the execution or operation of the
decree appealed from, pending the appeal, and may modify
or annul any order made for the protection of the rights
of the parties pending the appeal ; and any such order of
a justice of the supreme judicial court may be modified
or annulled by the full court upon motion.

Section 7. In cases of appeal from a decree in equity
of the superior court, the justice by Avhom the decree was
made, shall, at the request of the appellant, report the
facts found b}^ him as far as material, provided that such
request be made within four days after the appellant has
been notified of the entry of the decree, otherwise the
granting of such report shall be in the discretion of the
justice.

Section 8. If any defendant in a suit in equity in the
superior court, or any person in his ])ehalf, Avithin thirty
days after the day for appearance, makes affidavit of his
belief that the matter involved in the suit equals four
thousand dollars in value, and that his interest alone or
jointly with any other defendant or defendants having an
interest jointly or in common with him, equals four thou-
sand dollars in value, and that he has a substantial defence,
and of his intention to bring the cause to a hearing, and
requests that the cause be transferred to the supreme
judicial court, it shall be immediately transferred with the

For hearings,
etc., court to be
always open,
except upoa
holidays.

Suits to be
entered on the
same docket as
other cases.

After appeal is
taken a justice
of S. J. C. may
suspend or mod-
ify decree.

In case of ap-
peal justice to
furnisli appel-
lant with report
of facts found
by him if
required, etc.

Suit may be
removed to
S. J. C. if oath
is made by
defendant that
matter involved
equals four
thousand dol-
lars in value.

512

1883. — Chapter 223.

Before Btich
removal Supe-
rior Court may
make certain
orders.

Transfer to
S.J. C. when
suit sliould be
heard with
another suit
therein pending.

Bill need not
contain address
to the court, or
prayer for
answer, etc.

Pleadings may
be signed by
the party or his
attorney.

Writ of sum-
mons, etc., or a
trustee process
instead of
eubpojna.

papers therein to that court, at the charge of the party
removing the same, and the cause shall proceed as if
originally instituted in that court. But before such
removal the superior court may make such orders for the
appointment of receivers, and of injunction or prohibi-
tion, or for continuing the same in force, as are needful
for the protection of the rights of the parties until the
suit is heard by the supreme judicial court ; subject, how-
ever, to be modified or annulled by the order of that
court on motion after the suit has been transferred as
aforesaid.

Section 9. When it shall appear, upon motion to a
single justice of the supreme judicial court, that any suit
in equity pending in the superior court ought to be heard
with a suit or cross-suit in equity pending in the supreme
judicial court, the justice may order the first mentioned
suit to be transferred to the supreme judicial court, and
such suit shall thereupon be transferred accordingly at the
charge of the party making such application, and the
cause shall proceed as if originally instituted in that
court.

Section 10. In a suit in equity in the supreme judicial
or superior court, the bill need not contain any address
to the court, or the usual commencement, or any prayer
for an answer, for general relief, or for process, and the
answer need not contain any saving of exceptions to the
bill, or any prayer to be dismissed, or for costs, and a
demurrer or plea need not contain any protestation or
concluding piayer, and the omission thereof shall not
affect the rights of the parties respectively. The bill,
except when it is actually inserted in a writ, shall be en-
titled in the proper court, and with the full title of the cause
containing the names and descriptions of all the parties.
Bills, answers, petitions, and other i^leadings may be
signed by the party or his attorney, and shall not require
any other signature. An answer to a bill shall not be
sworn to or under seal, except in cases of bills filed for
discovery only. The forms in the schedule hereto illustrate
the application of the provisions of this section.

Section 11. When a suit in equity is commenced by
filing a bill in either of said courts, the plaintifi^" may, at
his election, take out a writ of summons and attachment,
or a trustee process, instead of a writ of subpoena.

1883. — Chapter 223.

513

Section 12. No justice of the supreme judicial court
or of the superior court shall dissolve an injunction issued
by the other court, or a justice thereof, or interpose in
any proceeding in the equity jurisdiction of the other
court, except as jirovided for in the sixth, seventh and
ninth sections of this act.

Section 13. Suits in equity in the said courts may be
brought in any county where a transitory personal action
between the same parties might be brought, as Avell as
where such suits may be brought under the laws now in
force.

Section 14. In actions at law in the said courts, the
defendant shall be entitled to allege as a defence any facts
that would entitle him in equity to be absolutely and un-
conditionally relieved against the plaintif}''s claim or cause
of action, or against a judgment obtained by the plaintiff
in such action ; and the plaintiff shall be entitled to avail
himself, in answer to any defence alleged by the defendant,
of any facts that would avoid such defence in equity, or
would entitle the plaintiff to be absolutely and uncon-
ditionally relieved in equity against such defence.

Section 15. If upon the hearing of an appeal or ex-
ceptions by the full court, whether in an action at law or
suit in equity or other proceeding, it appears that the
appeal or exceptions are frivolous, immaterial, or intended
for delay, the court may, either upon motion or without
any motion therefor, award against the appelhuit or party
taking exceptions double costs from the time when the
appeal or exceptions were taken, and interest from the
same time at the rate of twelve per cent, by the year on
any sum which has been found due for debt or damages,
or which he has been ordered to pay, or for which judg-
ment has been recovered against him, or the court may
award any part of such additional costs and interest.

Section 16. The superior court may frame issues of
fact to be tried by a jury in an equity cause, when re-
quested by a party, and direct the same to be tried in the
county where such cause is pending.

Section 17. Whenever an amendment is allowed in
the superior court under the provisions of section forty-
three of chapter one hundred and sixty-seven of the
Public Statutes chanjjinor an action at law into a suit in
equity or a suit in equit}" into an action at law, the supe-
rior court shall retain jurisdiction of said cause. And in

Injunction not
to lie dissolved
by tiie other
court.

W^herepuitsmay
be brouglit.

Relief in equity
in actions at
law.

Double costs,
etc , may be
awarded it ap-
peals or excep-
tions are frivol-
ous or intended
for delay.

Issues of fact
may be framed
to be tried by a

jm-y-

When action at
law is changed
into suit in
equity, etc., in
superior cour ,
jurisdiction
shall be retained
iti tliat court.

514

1883. — Chapter 223.

all proceedings in the supreme judicial court or the supe-
rior court no action or suit shall be defeated on the ground
that there is an adequate remedy at law or that the relief
sought can only be obtained by a suit in equity, but such
proceeding whether at law or in equity shall at any time
before final judgment be amendable at the discretion of
the court and may be amended upon such terms as the
court may determine.

Schedule of
forms.

In the

ss.

Schedule of Forms.

[1. Bill for Redemption.']
Court

BETWEEN

A. B. of

and C. D. of

in the county of
in the county of

Plaintiffs,

E. F. of in the county of

Bill of Complaint.

Defendant.

1. By a deed of mortgage dated the 1st of May, 1872, and re"
corded with Deeds, book Wo^ » the plainliflFs
conveyed to the defendant in fee-simple a certain piece of land,
situate, etc. [description], subject to redemption upon the plaintiffs,
their heirs, executors, administrators, or assigns, paying to the de-
fendant, his executors, administrators, or assigns, the sum of three
thousand dollars in three years from the date of the said deed, with
interest thereon at the rate of six per centum by the year, payable
half-yearly.

2. Default was made in payment of the said piincipal sum, but
the said interest was duly paid up to the 1st of May, 1875.

3. On or about the 15th of June, 1875, the defendant took pos-
session of the premises comprised in the said mortgage, and has
ever since continued in possession and in receipt of the rents and
profits of the said premises.

4. On or about the 19th of October, 1881, the plaintiffs requested
the defendant to render an account of the amount due on the said
mortgage, but the defendant refused to do so.

5. The plaintiffs offer to pay to the defendant what shall be found
due on the mortgage.

The plaintiffs pray /

1. That an account may be taken of what is due to the defendant
for principal and interest on the said mortgage ;

2. That an account may be taken of the rents and profits of the
said premises which have been received by the defendant or by any
other person by his order or for his use, or which might but for his
wilful default have been so received, and that what shall appear to
be due to the plaintiffs in taking the account of rents and pi'ofits be
deducted from what shall appear to be due to the defendant for
principal and interest ;

1883. — Chapter 223. 515

3. That it may be decreed that, upon the phiintiif paying to the
defendant the sum (if any) whieli shall so be found due upon the
mortgage, the iilaintiifs shall have possession of the premises com-
prisefl in the said mortgage, to hold the same discharged of the said
mortgage.

L. M.,
Solicitor for the Plainiiffs.

[2. Answer '\

In the Court.

ss.

A. B. and Another v. E. F.

Answer.

1. This defendant admits the allegations contained in the 1st, 3d
and 4th paragraphs of the plaintift'^s bill.

2. This defendant admits that the interest upon the said mortgage
was duly paid up to the 1st of November, 1873; but he denies that
it was paid up to any later time.

3. Default was made in payment of the principal sum secured by
the said mortgage and the interest thereon ; and on the 15th of June,
1875, after the said default, this defendant made an open, peaceable,
and unopposed entry on and took possession of the premises com-
prised in the said mortgage, for the purpose of foreclosing the right
of redemption thereof; and a certificate of two competent witnesses
to prove the said entry was duly made and sworn and recorded in
the Registry of Deeds for the said County of , within thirty
days from the said enti'y.

4. The possession so olitained by this defendant was continued
peaceably for more than three years before the commencement of
this suit.

J. S.,
Solicitor for the Defendant.

[3. Demurrer.']
In the Court.

ss.

G. H. V. T. L. and Others.

Demurrer [or Demurrer of T. L. and R. C, two of the De-
fendants].

The defendants [or These defendants] demur to the plaintiff's bill
and for causes of demurrer show

1. That the plainiitf has not stated such a case as entitles him to
any relief in equity against these defendants or either of them;

2. That, etc.

J. S.,
Solicitor for the [or the said twol Defendants.
I certify that this demurrer is not intended for delay.

J. S.

\^The foregoing ivas laid before the Gorertwr on the ticentri-
eighth day of May, 1883, and after Jive days it had the '■'force
of a law" as prescribed by the Constitution, as it was not re-
turned by him with his objections ivithin that time.^

516

1883. — Chaptees 224, 225.

Cha2)'224: An Act relating to the employment of children in manu-
facturing AND OTHER ESTABLISHMENTS.

Children under
ten years nut to
be employed,
etc.

Children under
twelve j-ears
not to be em-
ployed during
hours when
public Bchools
are in session.

To take effect
July 1, 1883.

Chap.225

Unlawful meas-
ures may be
seized.

Be it enacted, etc., as follows:

Section 1. Section one of chapter forty-eight of the
Piihlic Statutes is hereby amended so as to read, " Sec-
tion 1. No child under ten years of age shall be em-
ployed in any manufacturing, mechanical or mercantile
establishment in this Commonwealth; and no child under
twelve years of age shall be so employed during the hours
in which the public schools are in session in the city or
town in which he resides. Any parent or guardian who
permits such employment shall for such olfence forfeit not
less than twenty nor more than fifty dollars, for the use
of the public schools of the city or town."

Sfx'TION 2. This amendment shall take effect July
first in the year of our Lord eighteen hundred and eighty-
three.

[^The foregoing teas laid before the Governor on the twenty-
eiglith day of May, 1883, and after five days it had the '''■force
of a law," as prescribed by the Constitution, as it ivas not re-
turned, by him with his objections ivithin that time.^

An Act to prevent the use of unlawful measures.
Be it enacted, etc., as follows :

A sealer or deputy sealer of weights and measures, or
any person specially authorized thereto b}^ the mayor and
aldermen of a city or selectmen of a town, may seize any
measures in the possession of a vendor of merchandise or
of articles offered for sale and used or intended to be used
for measuring merchandise, or articles offered for sale and
not made of the shape and dimensions required by law and
sealed as so required, and having seized any such meas-
lu-es shall make complaint against such vendor of having
in his possession such measures with intent to use the
same in violation of law. The possession of any such
measures by such vendor shall be prima facie evidence
that the said measures were intended to be used in viola-
tion of law, and any person convicted on the complaint
aforesaid shall be subject to a tine not exceeding twenty
dollars for each offence, and the court so convicting shall
cause said measures to be destroyed.

[T/ie foregoing teas laid before the Governor on the thirty-
first day of May, 1883, and after five days it had the '■'■force of
a law," as prescribed by the Constitution, as it ivas not returned
by him ivith his objections within that time.^

1883. — Chapters 226, 227, 228. 517

An Act making appropriations for salaries and expenses at L>ll(ip.-i-^K)

THE state almshouse AT TEWKSBURY.

Be it enacted^ etc., as foUoivs :

Section 1 . The sums hereinafter meutiouecl are appro- -^PP'-opr'ations.
priated, to be paid out of the treasury of the Common-
wealth, from the ordinary revenue, for the payment of
salaries and current e.xpenses at the state almshouse at
Tewksbiiry during the year eighteen hundred and eighty-
three, to wit: — For payment of salaries at the state salaries and
almshouse at Tewksbury, a sum not exceeding twenty suae almshouse.
thousand dollars ; and for other current expenses of said
institution, a sum not exceeding seventy thousand dollars.

Section 2. This act shall take effect upon its passage.

[T//e foregoing ivas laid before the Governor on the twenty-
second day of May, 1883, and after five days it had the '■\force
of a law," as prescribed by the Constitution, as it was not re-
turned by him with his objections within that tinie.^

An Act to incorporate the cape cod historical society. Chci2).22i7
Be it enacted, etc., as follows :

Section 1. Charles F. Swift, Samuel Snow, Josiah corporators.
Paine, George Marston and Benjamin C. Sparrow, their
associates and successors, are hereby made a corporation
by the name of the Cape Cod Historical Society, for the NHmeand
purpose of collecting, preserving and publishing historical p^'P"**^-
matter relating to the county of Barnstable and vicinity,
and for the maintenance of a cabinet and library ; and for
these purposes shall have all the powers and privileges,
and be subject to all the duties, requirements and lial)ili-
ties, set forth in all general laws which now are or here-
after may be in force applicable to such corporations.

Section 2. The said corporation may hold and possess Real and per-
il iiij_ i.i. TJ2 sonal estate.

real and personal estate to an amount not exceeding tive
thousand dollars. Approved June 9, 1883. '

An Act to change the name of the prushan rubber company. Chci7).22S
Be it enacted, etc., as follows:

Section 1. The name of the "Prushan Rubber Com- Name changed.
pany," originally incorporated under the laws of the Com-
monwealth on the seventeenth day of November in the
year eighteen hundred and eighty, is changed to the
" Readville Rubber Company, ot Hyde Park."

Section 2. This act shall take effect upon its passage.

Approved June 9, 1883.

518

1883. — Chapters 229, 230, 231.

Cll(l]).Zi2v An Act authorizing moderators and town clerks to appoint

TELLERS IN TOWN MEETINGS.

Tellers may be
appointed in
town tteetings.

Penalties.

Chap.230

Poultry to be
properly
dressed before
sale.

Penalty.

Not to apply to
green geese, etc.

To take effect
Julyl, 1883.

Be it enacted^ etc., as follows:

Section 1. Moderators and town clerks when required
to preside at town meetings may appoint tellers to aid
them in checking the names of voters, or in assorting and
counting votes. Such tellers shall be sworn to the faith-
ful discharge of their duties by the town clerk, who shall
make record of the takins: of such oath.

Sectiox 2. Every such teller shall be subject to the
same penalties to which the officer so appointing him is
subject in the performance of the duties in which such
teller assists. Approved Jane 9, 18S3.

An Act concerning the sale ob^ dressed poultry.

Be it enacted, etc., as folloios :

Section 1. No poultry, except it be alive, shall be
sold or exposed for sale until it has been properly dressed
by the removal of the entire head, entrails and feathers,
and of the crop when containing any food or other sub-
stance.

Section 2. Whoever sells or exposes for sale poultry
contrary to the provisions of section one of this act shall
be punished by a fine of five dollars for each bird sold or
exposed for sale. The boards of health in the several
cities and towns shall cause the provisions of this act to
be enforced in their respective cities and towns.

Section 3. This act shall not apply to green geese or
green ducks at any season of the year, nor to broiler
chickens weighing two pounds or less, Avith crops shrunken
to the body, during the months of July, August and Sep-
tember.

Section 4. This act shall take effect on the first day
of July in the year eighteen hundred and eighty-three.

Approved June 9, 1883.

Chap.^iSX An Act making appropriations for expenses authorized the
present year, and for other purposes.

Be it enacted, etc., as folloivs :
Appropriations. Section 1. The sums hereinafter mentioned are appro-
priated, to be paid out of the treasury of the Common-
wealth, from the ordinary revenue, for the purposes spec-

1883. — Chapter 231.

519

ificd in certain acts and resolves of the present year, and
for other purposes, to wit : —

For the Massachusetts Charital)le Eye and Ear Infirm-
ary, ten thousand doUars, as authorized by chapter three
of the resolves of the present year.

For protection against fire, for an ice-house and for
sundry repairs at the State Lunatic Hospital at Taunton,
five thousand five hundred dollars, as authorized by
chapter four of the resolves of the present year.

For the town of Pepperell, eighty-six dolhirs and thirty-
six cents, as authorized by chapter six of the resolves of
the present year.

For the town of Norton, two hundred and sixty-eight
dollars and thirty-five cents, as authorized by chapter
seven of the resolves of the present year.

For the completion of the work on the war records in
the department of the adjutant-general, four thousand
dollars, as authorized by chapter ten of the resolves of
the present year.

For providing for new steam boilers and pipes at the
State Workhouse at Bridgewater, three thousand dollars,
as authorized by chapter thirteen of the resolves of the
present year.

For printing the report of the trustees of the Massa-
chusetts Agricultural College, a sum not exceeding two
hundred dollars, as authorized by chapter sixteen of the
resolves of the present year.

For repairs to the buildings of the State Normal School
at Bridojewater and for furnishino: cases for the labora-
tory, one thousand dollars, as authorized by chapter
seventeen of the resolves of the present year.

For the completion of the new hospital at the State
Primary School at Monson, four hundred and one dollars
and ninety-six cents, as authorized by chapter eighteen of
the resolves of the present year.

For Rand, Avery and Company, two hundred and ten
dollars and thirteen cents, as authorized by chapter twenty
of the resolves of the present year.

For the erection ol a laundry and for painting and
repairing the buildings at the State Lunatic Hospital at
Dan vers, fifteen thousand five hundred dollars, as author-
ized by chapter twenty- one of the resolves of the present
year.

Eye and Ear
Infirmary.

Lunatic hospital
at Taunton.

Town of
Pepperell.

Town of

Norton.

War records.

State Work-
house.

Mass Agricul-
tural College.

Normal School
at Bridgewater.

Primary School
at MousoD.

Rand, Avery &
Company.

Lunatic hofpital
at Dauvers.

520

1883. — Chapter 231.

Boiindarips of
cities and towns
bordering on
the sea.

Mark Pickering

Ellon Madigan.

Timothy
Murphy.

John William
Robert Sawin.

Soldiers' Home.

New Hampshire
boundary line.

Disabled
Soldiers Em-
ployment
Bureau.

State house.

Henry J. White.

Normal School
at Westfield.

Rhode Island
boundary line.

Doorkeepers,
messengers and
pages.

For expenses in connection with the act in relation to
the boundaries of cities and towns bordering upon the
sea, five hundred dollirs, as authorized by chapter twenty-
two of the resolves of the present year.

For an annuity to Mark Pickering, two hundred and
forty dollars, as authorized by chapter twenty-three of the
resolves of the present year.

For Ellen ]M;idigan, seventy-five dollars, as authorized
by chapter twenty-four of the resolves of the present
year.

For an annuity to Timothy Murphy, two hundred dol-
lars, as authorized by chapter twentj^-tive of the resolves
of the present year.

For an annuit}^ to John "William Robert Sawin, one
hundred and fifty dollars, as authorized by chapter twenty-
six of the resolves of the present year.

For the trustees of the Soldiers' Home in Massachu-
setts, fifteen thousand dollars, as authorized by chapter
twenty-seven of the resolves of the present year.

For expenses in connection with establishing the boun-
dary line between the Commonwealth and the state of New
Hampshire, a sum not exceeding one thousand dollars, as
authorized by chapter twenty-eight of the resolves of the
present year.

For the Disabled Soldiers' Employment Bureau, eight
hundred dollars, as authorized by chapter twenty-nine of
the resolves of the present year.

For Edison electrical installation at the state house,
under a concurrent order of both branches of iha legisla-
ture, three thousand dollars.

For Henry J. White, one hundred dollars, as authorized
by chapter thirty-two of the resolves of the present year.

For repairing the building and fencing the grounds of
the State Normal School at Westficld, twelve hundred and
fifty dollars, as authorized by chapter thirty-six of the re-
solves of the present year.

For expenses in connection with establishing a portion
of the l)oundary line between the Commonwealth of
Massachusetts and the state of Rhode Island, a sum not
exceeding one thousand dollars, as authorized by chapter
one hundred and fifty-four of the acts of the present
year.

For the compensation of the doorkeepers, messengers
and pages of the present legislature, a sum not exceeding

1883. — Chapter 231. 521

ten thousfind dollars, in addition to the amount heretofore
appropriated.

For the salary of the third clerk in the department of Thndjcierk
the secretarj' of the Commonwealth, one hundred dollars, DTpanm'ent.
in addition to the amount heretofore appropriated, as
authorized by chapter forty-eight of the acts of the present
year.

For expenses of summoning witnesses before commit- witnesees
tees, and for fees for such witnesses, a sum not exceeding miuees!"""'
two thousand dollars in addition to the amount heretofore
appropriated, as authorized by Pnl)lic Statutes, chapter
sixteen.

For the authorized expenses of committees of the present Expenses of
legislature, to include clerical assistance to committees ^''^^^'^'^es.
authorized to employ the same, a sum not exceeding five
thousand dcjllars, in addition to the amount heretofore
appropriated.

For the Massachusetts Charitable Society, twelve Masa.ciiaritabie
hundred and forty-eight dollars and ninety-one cents, ^°"®'y-
being the amount a-sessed on account of bank stocks held
by them, as authorized by chapter thirteen, section
eighteen, ot the Public Statutes.

For the purpose of exterminating contagious diseases contagious dis-
among horses and cattle, a sum not exceeding tifteen cauie^^c."^
hundred dollars, as authorized by chapter ninety of the
Public Statutes.

For expenses of the state valuation, three thousand state valuation.
dollars, as authorized by chapter eleven, sections ninety-
six and ninety-seven, of the Public Statutes.

For travelling expenses of the executive council, a sum Travelling
not exceeding one thousand dollars, the same to be in councTi!'' °^ ''^'^
addition to the amount heretofore appropriated, as author-
ized by chapter tifteen, section four, of the Public Statutes.

For the compensation of Ednumd H. Bennett, arbi- Edmund n.
trator in the matters of dispute between the Common- arbitrator.
Avealth and Amaziah jNIayo and George G. Bakei', con-
ti'actors, relative to building the Keformatory Prison for
Women at Sherborn, three hundred and twenty dollars,
as authorized by chapter forty-seven of the resolves of the
year eighteen hundred and seventy-eight.

For small items of expenditure for which no appro- smaii items of
priations have been made, or for which api)ropriations ^'^p'^'"'"^"''^-
have been exhausted or reverted to the treasury in pre-
vious years, a sum not exceeding one thousand dollars.

522

1883. — Chapters 232, 233.

Department of FoF tlic general svoi'k of the department of health, in-

heaith. eluding chemical analyses, sanitary investigations and

reports, and travelling expenses for inspections, a sum

not exceeding twenty-five hundred dollars, in addition to

the amount heretofore appropriated.

Sectiox 2. This act shall take etlect upon its passage.

Approved June 9, 1883.

Chaj).2^2 An Act relating to indigent and neglected childrex.

Be it enacted, etc., asfoUoios:

Section 1. Section twenty-one of chapter eighty-four
of the Public Statutes is amended by inserting after the
word " Asylum," in the fourth line, the words "or St.
Mary's Infant Asylum."

Section 2. Section forty-four of chapter eighty-six of
the Public Statutes is amended by inserting after the word
♦' charter," in the third line, the following words, "or to
the St. Mary's Infant Asylum agreeably to the provisions
of its charter."

Section 3. The provisions of section forty-six of chapter
eighty-six of the Public Statutes as amended by chapter
one hundred and eighty-one of the acts of the year
eighteen hundred and eighty-two, shall apply to the St.
Mary's Infant Asylum ; but overseers of the poor shall
commit any indigent or neglected infants having no known
settlement in this Commonwealth to the custody of the
state board of health, lunacy and charity, which board
shall provide for said infants in either of said asylums, or
in a family or other suitable place, as they may judge to
be best for the interests of each child.

Section 4. This act shall take effect upon its passage.

Approved June 9, 1883.

Destitute chil-
dren may be
placed in care
St. Mary's In-
fant Asylum.

State board to
be notified of
reception of in-
fants by asylum.

State board to
provide for in-
fants when asy-
lum is full.

Ch(ip.2i33 An Act to autuorize the city of fall river to take a deed

OF certain land in said city from MARY B. YOUNG.

Be it enacted, etc., as follows. •
City of Fall Section 1. The city of Fall River by its city council

deeToHMd'''^^ ^^ hereby authorized and empowered to take from Mary
etc., from Mary jj. Youug, hcr hcirs, cxccutors or assiorns; a deed of the

B. Young. ~ . . O '

land and of the building which she proposes to erect
thereon for a high school, subject to a condition therein
that the teachers selected, employed and continued in said
high school and the departments connected therewith,

1883.— Chapters 234, 235. 523

shall be approved in writing by certain persons to be
named in s;iid deed, and their snccessors ; and in default
thereof said premises Avith the buildinofs and improve-
ments thereon shall revert to the said Mary B. Young,
her heirs and assigns.

Suction 2. The said city is also authorized to take, Mny horn and

b,, „ i-i-'. .\ . . ,. c i.\ • ailmiiiister the

old, traubler and administer, upon the trusts set tortn m property upon

the deed or instrument of conveyance, such property, fllnh hfuie'''

real or personal, as may be conveyed to it by said jNLuy '^^■'''^•

B. Yduug, or any other person or persons, in trust for

any present or future uses or departments connected with

the high scho(»l of said city, and adopt such ordinances as

may be deemed necessary for the administration of said

trusts.

Section 3. This act shall take effect upon its passage.

Approved June 9, 1883.

An Act tkansferrixg the powkijs and dities of the special (y/lCip. 234:

COSlMrsSKiNEU FOR THE MYSTIC RIVER CORPORATION TO THE
BOARD OF HARBOR AND LAND COMMISSIONERS.

Be it enacted, etc., as folloivs :

Section 1. The office of commissioner to supervise office of com-
tbe work done by the Mystic River Cor[)oration, provided i^^hTdl'anaVow-
for l)y section three of chapter four hundred and eighty- f^!"rVd "to hTbor
one of tht^- acts of the year eighteen hundred and tifty-fivo, aniundoom-
entitUd "An Act relating to the M3'stic Kiver Cor[)ora-
tion," is hereby abolished. All the authority, powers and
duties imposed npon said commissioner by said chapter
are transferred to the board of harbor and land com-
missioners.

Section 2. This act shall take effect upon its passage.

Approved June 9, 1883.

An Act concerning the administration of the state depart- Chnp.'23^

MENT of insurance.

Be it enacted, etc., as follows :

Section 1. Section six of chapter one hundred and cetain exami-
ninelcen of the Public Statutes, relating to the examina- m!l'ie"hy"ri,e ^*
tion of domestic insurance companies, is hereby amended fir^icierk.
by inserting in the first line alter the word " deputy," the
folh)wing words, — " or the tirst clerk specified in section
four, under the direction of the commissioner."

Section 2. This act shall take ellect upon its passage.

Aj>proved June 9, 1883.

524

1883. — Chapteer 236, 237.

CJlCip.2o(j An Act to change the name of the episcopal wetiiodist

SOCIETY OF COCniTUATE, TO CONFIRM CERTAIN PKOCEEDINGS OF
SAID SOCIETY AND CERTAIN CONVEYANCES TO THE SAME, AND TO
AUTHORIZE SAID SOCIETY TO SELL ITS REAL AND PERSONAL ESTATE.

Name changed.

Acts confirmed.

Conveyances
made valid.

May sell real
and pert-onal
estate.

Be it enacted, etc., as folio ivs :

Section 1. The name of the Episcopal Methodist
Society of Cochituate, a religious corporation in the town
of Way land, organized under the general laws of this
Connnonwealth on the twenty-third day of April in the year
eighteen hundred and sixty-si.K, is hereby changed to the
" Methodist Episcopal Society of Cochituate."

Section 2. All acts done prior to the passage of this
act under the name of the jNIethodist Episco[)al Society of
Cochituate shall have the same force and etleet as if done
under the name of the Episcopal Methodist Society of
Cochituate.

Section 3. All conveyances by deed or otherwise
made to the Episcopal Methodist Society of Cochituate
under the name of the Methodist Episcopal Society of
Cochituate are ratified, confirmed and made valid to the
same extent as if made under the name of the Episcopal
Methodist Society of Cochituate.

Section 4. The Methodist Episcopal Society of Co-
chituate is authorized to sell and convey by deed and bill
of sale all its real and personal estate unto the trustees of
the Methodist Episcopal Church of Cochituate.

Section 5. This act shall take effect upon its passage.-

Approved June 9, 1883.

Time extended
for completion
of organization.

C1lG.T).2^ An Act relating to the east boston railway dock and ele-
vator COMPANY.

Be it enacted, etc., as foil on: s :

Section 1. The East Boston Eailway Dock and Ele-
vator Company, incorporated by chapter two hundred and
eighty-eight of the acts of eighteen hundred and eighty-
one, may at any time within two years from the thirteenth
diiy of ilay eighteen hundred and eighty-three complete
its organization, and may at any time within said period
take land and do such other things as are authorized by
said chapter to be done Avithin two years from the passage
of said act of incorporation.

Section 2. This act shall take effect upon its passage.

Apjvoved June 9, 1883.

1883. — Chapters 238, 239. 525

An Act authorizing the bay state telephone company to CJlCip.2oo

INCREASE ITS CAPITAL STOCK.

Be it enacted, etc, as foUoivs :

Section 1. The Bay State Telephone Company, incor- May increase
porated under the general laws of this Commonwealth, is *'"'""* *'°'' '
hereby authorized to increase its capital stock, from time
to time, to a sum not exceeding in the aggregate two mil-
lions of dollars.

Section 2. Such increase shall he made in the manner Subject to pro-
provided in section thirty-four of chapter one hundred io6,"§34.
and six of the Public Statutes, and shall be subject to the
provisions of the said chapter, so far as the same may be
applicable.

Section 3. This act shall take effect upon its passage.

\_The foregoing was laid before the Governor on the fourth day
of June, 1883, and after Jioe days it had the '■'■force of a law"
as prescribed by the Constttution, as it teas not retarned by him
with his objections within that time.'\

An Act concerning the Massachusetts school for idiotic L'/lCtp.^ou

AND FEEBLE-MINDED YOUTH.

Be it enacted, etc., as follows:

Section 1. The name of the ^Massachusetts School for Name changed.
Idiotic and Feeble-Minded Youth is hereby changed to
the " Massachusetts School for the Feeble-Minded," and
there shall be estaUished as a department thereof, an asy-
lum for idiots who are beyond the school age, or ate not
capal)le of being benefited by school instruction. The
corporation and- trustees of said school shall have and ex-
ercise the same powers, and be subject to the same duties
with respect to said asylum, except as hereinafter pro-
vided, which they now have and exercise or are subject to
concerning said school.

Section 2. Pupils hitherto received and maintained in support of pu.
said Massachusetts School for Iditjtic and Feeble-Minded ^'*"
Youth shall be supported in the buildings and on the
grounds of said institution, wherever located, and may be
classified in such departments as the trustees shall see fit,
such support to be at the expense of persons liable for
their maintenance ; but, if they have no property or kin-
dred able to support them, the price of such support shall
be paid quarterly by the city or town in which they have
a settlement, such price being hereby fixed at the same
rate now or hereafter to be established for the support of

526

1883. — Chapter 239.

Charges for
support.

May recover
ani(.uiit of ex-
piDPes for Slip,
port, etc., fnim
place of setUe-
ment.

Commilments to
be made by
judge (jfpiobate
or municipal
«ourt.

state, city and town panpcrs in state lunatic hospitals ;
and, if they have no settlement within the Commonwealth,
the state s-hall niMintaiii thtm as at present, hut in special
cases, pnpils havins: a settlement may he maintained at the
expense of the Cnmmonwealth, or from the funds helong-
ing to the institution, at the di>creti()n of the tr^^^te('s.

Section 3. From and alter the first day of January in
the year eighteen hundred and eighty-four, the charges for
the support of pnpils and other iuiuates of said Mas.sachu-
setts School for the Feeble-Minded shall he paid quarterly,
as follows: — For those bavmg known settlements, either
by the person bound to pay, or by the place in which such
pupils or inmates had their settlement at ihe time of their
admission, unless other sutEcient security is taken to the
satisfaction of the trustees for such support. For idiots
not having knoAvn settlements in this Commonwealth,
the charges shall be paid by the Commonwealth, and the
same may afterwards be recovered by the treasurer of
the Comnionwealth, of the idiots themselves, if of suffi-
cient ability to i)ay the same, or of any jierson or kindied
bound by law to maintain them, or of the place of their
settlement, if any such is ascertained ; and if any such
place or person refuses to pay such charges or such sum
as may be chaigcd and due, tor thirty days after the same
has been demanded in wiiting by the treasurer, of the
mayor and aldermen of the cityj or of the selectmen of
the town, or of the person liable therefor, the same, with
interest from the time of such demand, may be recovered
for the use of said school, in an action to be instituted V)y
the distiict attorneys, or other prosecuting officers, in the
name of the treasurer, against such delinquent city, town
or person.

Section 4. Every city or town paying the expenses
for the support or i-cmoval of an idi(jt admitted to said
Massachusetts Scho(»l for the Feelile-jNIindcd shall have
like ii<i:hts and remedies to recover the full amount thereof,
wiih interest and costs, of the place of his settlement,
as if such ex|)enses had been incurred in the ordinary sup-
port of the idiot, and the idiot, if of sufficient ability to
pay the same, and any kindred bound by law to maintain
him, shall be liable for all such ex[)enses paid by a city or*
town in either case.

Section 5. When it is made to appear upon applica-
tion in writing to a judge of a ])robale or municipal court,
that a person is idiotic, and a tit subject fur said JMassa-

1883. — Chapter 239. 527

chnsetts School for the Feeble-Mi nded, such judge may
send such person to Siiid institution, upon nil order of
con)mitment, accompanied by the certiHcate of a physician
who is a orraduate of some legally orgunizcd medical col-
lege, and has practised three years in the Commonwealth,
that such person is a suitable subject for said institution,
and is not insane : provided., that such order of commit-
ment shall be directed to the trustees of said institution,
who shall be at liberty to receive the person committed,
or to send him to his own home, or to the state almshouse
or to the place of his settlement, if, in their judgment, he
ought not to be received into the institution.

Section 6. The trustees of the said school for the Pupiismaybe
feebh'-minded may receive and discharge pupils at their d'isciirr'giH" by
discretion, and may at any time discharge any pupil or t^^e trustees.
other inmate, and cause him to be removed, either to his
home, or to the place of his settlement, or to the state
almshouse, and they may also allow any inmate to be
absent on a visit for a period not exceeding three months.
They may admit state pupils upon special conditions,
from this Commonwealth, or from any other state or
province : provided, that the number of such special
state pupils supported by this Connnonwealth shall not
exceed tifty-live at any one time. All accounts for the
support of pupils by the Commonwealth, under the pro-
visions of this act, shall, after they have been approved
by the board (jf health, lunacy and charity, be presented
to the auditor and paid from the treasury.

Section 7. Section twenty-eiiiht of chapter eighty- Repeal.
six ot the Public Statutes, and so much of section fifty-six
of chapter eighty-seven of the Pul>lic Statutes, and so
much of chapter twenty-six of the resolves of the year
eighteen hundred and sixty-one, chapter nine of the re-
solves of the year eighteen hundred and sixty-nine, and
chapter eighteen of the resolves of the year eighteen
hundred jind seventy-four as relates to the payment of
money, and all other acts and parts of acts inconsistent
herewith are herei)y repealed.

[T/te foregoing tvas laid before the Governor on the fourth
day of June, 1S83, and after Ji.oe days it hud the '•'•force of a
law,'' as prescribed by the Constitution, as it was not returned by
him with his objections within that tivie.'\

528

1883. — Chapter 2J:0.

Chup.24:0 An Act to autiioiuze the toavx of hopkinton to purchase

FH{ST MORTGAGE BONDS OF THE HOPKINTON RAILROAD COMPANY
AND TO RAISE MONEY FOR THAT PURPOSE.

May purchase
certain railroad
bonds.

May igeue notes
or bonds in
payment.

May raise
money annually
by taxation for
interest, etc.

May sell notes
or bonds.

Subject to as-
sent by a two-
thirds vote.

Be it enacted, etc., as foUoics ■:

Section 1. The town of Hopkinton is hereby nnthor-
ized to pnrchase first mortgnge bonds of the Hopkinton
Railroad Company, and to raise a sura of money not ex-
ceeding seventy thousand dollars for that purpose.

Section 2. For the purpose of paying for said first
mortgage railroad bonds, the town of Hopkinton shall
have the authority to issue the notes or bonds of the town
in sums of one thousand dollars each, at a rate of interest
not exceeding four per cent, per annum, and to an agsre-
gate amount not exceeding seventy thousand dollars, and
payable not less than five thousand dollars each year, said
town notes or bonds to be signed by the town treasurer
and countersigned by the selectmen of Hopkinton.

Section 3. The town of Hopkinton shall annually
raise by taxation an amount sufficient, with the income
received by said town from said railroad bonds or from
the rental or lease of said railroad, to pay the interest
annually on all the town notes or bonds authorized by this
act, and also to pay and cancel annually five of the town
notes or bonds of one thousand dollars each hereby au-
thorized.

Section 4. The town of Plopkinton may sell the town
notes or bonds authorized by this act at public or private
sale, upon such terms and conditions as it may deem
proper.

Section 5. This authority to the town of Hopkinton
to purchase the first mortgage bonds of the Hopkinton
Railroad Company, and to issue town notes or bonds for
that purpose, is granted on condition that the same is
assented to by a vote of two-thirds of the voters of the
town qualified to vote in town atfairs, present and voting
by ballot, using the check-list, at any legal town meeting
called for that purpose.

Section 6. This act shall take effect upon its passage.

\_Tlie foregoing icas laid before the Governor on the eighth, day
of June, 1S83, and after Jive days it had the '■'■force of a law"
as prescribed by the Constitution, as it icas not returned by him
tcith his objections icithin that tinie.^

missioners.

1883. — Chapter 241. 529

An Act to provide for the abatement of a nuisance in the (7/iCf2^.241

CITY OF FALL RIVER.

Be it enacted^ etc., as follows :

Section 1. For the purpose of preventing or abating Abatement of a
a nuisance existing in Ihe city of Fall River, upon or kI;:^''"^''"
along the line of the Quequeclian Kiver, so called, between
the dam of the Watuppa Reservoir Company and the sand-
bar or outlet of the Watujipa ponds, or ui)on or abf)Ut the
adjacent lands, flats or waters, and for the protection of
the health of the inhabitants of said city, the board of
harbor and land commissioners, upon petition of the
mayor and board of aldermen of said city, shall have the
powers and perform the duties herein set fc^rth.

Section 2. In addition to the other powers herein ex- powers of com-
pressly conferred, the said commissioners shall have all
powers relating to the abatement of nuisances conferred
by general laws upon boards of health. They may act
by a majority of their members, and in all their doings
they shall proceed in the most expeditious and summary
manner consistent M'ith due regard for private rights and
the protection of the public health.

Section 3. The said commissioners shall forthwith comr
proceed to investigate the causes of said nuisance, and to aud'defermh%
determine the best method of pieventinof or abatino; the best method of

. ' . ^ '^ abatement of

same, having regard, so far as practicable, to the preser- nuisance.
vation of the channel lines of said river, and may hear
any interested person who desires to be heard thereon,
giving public notice of the time and place of hearing, and
may thereupon, by notice in writing, direct any person
who appears to be wholly or in any part responsible for
the existence of such nuisance to abate the same in such
manner and within such time as they may determine and
set forth in such notice. If such person, or an agent au-
thorized to receive service, is not found in the county of
Bristol, the notice may be served by h aving a copy thereof
at his last and usual place of abode within the county, if
any, or by publishing the same in such newspapers as the
said commissioners may determine.

Section 4. If the requirments of such notice are not if requirements
performed to the satisfaction of the said commissioners, mayo^r^^fai-
they may in writins: direct the mayor and board of alder- 'lermenmaybe

,. ... ~ ., '' 111 directed to

men or said city to abate said nuisance, wholly or in such abate, etc.
part as the said commissioners may prescribe, and the
mayor and aldermen shall have power so to do, and to

imissioners

530

1883. — Chapter 241.

Application for
damages.

Expenses of
work to be as-
sessed ujion
persons causing
the nuisauce.

Damages, etc.,
to be at first
J)aid by city of
Fall River.

l^eifoim all directions of the commissioners therein, and
for that purpose, under direction of the conimis>ioners,
they m;iy enter upon or take possession of any hinds,
flats, waters, dams or other structures, and may hold and
occupy or use the same so long and in such manner as the
commissioners may deem necessary to the j)urposes
hereof, and may raise or till any lands or fl;its to such
grade, and may divert or exclude any waters in such way
or manner and to such extent as the commissioners may
deem necessary to such purpose, and may do any and all
acts in the judgment of the commissioners necessary
thereto. The mayor and board of aldeimen, however,
shall have discretionary power to proceed, as herein before
provided, as rapidly as they may deem expedient.

Section 5. Any person injured in his property or
rights by any act done hereunder may, within one 3'ear
after such act, apply to the said commissioners for assess-
ment of his damages, and they shall hear and determine
the application and m:iy award or refuse to award damages
thereon. The city of Fall River shall have the right to be
heard on all such applications.

Section 6, The entire amount of the expenses of the
work done by the mayor and aldermen under the direc-
tion of the commissioners, with all damages awarded by
the commissioners on account thereof, shall be by the com-
missioners apportioned and assessed upon the persons
causing said nuisance, and the persons, if any, specially
benefited by the work, in such manner and in such sums
or proportions as they may determine, having regard to
the rules prescribed in section one of chapter fifty-one of
the Pul)lic Statutes. If the same person is assessed with
expenses or benefits and is also allowed damages, the one
amount sh;dl be set off against the other and the balance
only shall be paid or collected. All benefit so assessed
shall constitute a lien upon the property adjudged to be
benefited, until payment thereof.

Section 7. The entire amount of expenses of every
description, and damnges if any there be resulting from
said work, shall be payable, in the first instance, out of
the treasury of the city of Fall River. All assessments
laid as herein provided, and all liens resulting therefrom,
shall be and inure to and for the benefit of said city, and
the city may enforce and collect the same in the manner
provided by law for the collection of taxes, or by an action
at law.

1883. — Chapter 242. 531

Section 8. As soon as may be after the completion commissioners

,'', ., .. to make return

of the work hereni provided tor, the said commissioners ofiii.ir
shall return to the superior court in the county of Bristol 8up'efior°court.
a report of all their doings hereunder. The acceptance
of the report of the commissioners after such notice and
hearing thereon as the court in its discretion may pre-
scribe, shall be final and conclusive upon the rights of all
parties, except as hereinafter provided, and a copy of such
report, duly attested by the clerk of the court, shall be
tiled in the registry of deeds for the north district of said
county.

Sectiox 9. The city of Fall Eiver, or any person Parties ag-

• ^ 1 , • 1 J 1 1' ii . . grieved may ap-

aggrieved l>y any judgment or order or tiie commissioners ,,!yio thesupe-
assessing expenses or benefits, or awarding or refusing ""'■<=°"''-
daniMges, may, within one year after such judgment or
order, apj^ly by petition to the superior court in Bristol
County for revision thereof, and the court shall proceed
thereon ns provided in section one hundred and five of
chiipter forty-nine of the Public Statutes ; but no costs
shall be taxed by the prevailing p;irty except such actual
disbursements as are taxable by law. In all such pro-
ceedings brought by any person or corporation other than
the city of Fall Kiver, said city shall be deemed and
treated as the adverse party. No act, order or judgment
of the commissioners shall be drawn in question other-
wise than as provided in this section.

Section 10. This act shnll take eff'ect upon its accept-
ance by the city council of the city of Fall River.

Approved June 16, 1883.

An Act relative to unclaimed dividends in insolvency. (77z«2).242

Be U enacted, etc., as foUoivs :

If a dividend, which a court of insolvency has declared, unclaimed divi-

. ,1 1 ■ 1 . ji • 1 dends may be

remains tor Six months unclaimed, the assignee who was deposiu dor in-
ordered to pay over the same may deposit it in some sav- 8ig*,^ee.**^ '''"
injzs bank or other like institution, or invest it in bank
stock or other stocks, as the court of insolvency may
direct, to accumulate for the benefit of the person entitled
thereto. Such deposit or investment shall be made in the
name of the judge of the court of insolvency for the time
being, and shall be subject to the order of such judge and
of his successors in office as hereinafter provided. The
person making such deposit or investment shall tile in the

532

1883. — Chapters 243, 2U, 245.

To be trans-
ferred by order
of judgi', to
party entitled
to receive it.

court of insolvency a memorandum thereof, with the
original certificate or other evidences of title thereto,
which shall be allowed as sufficient voucher for such pay-
ment. When the person entitled to the money deposited
satisfies the judge of such court of insolvency of his right
to receive the same, the judge shall cause it to be trans-
ferred and paid over to him.

Approved June 16, 1883.

L'll(ip.^±o An Act fixing the responsibility of kailroad corporations

FOR NEGLIGENTLY CAUSING DEATH OF EMPLOYEES.

Be it enacted., etc., as follows :
Liability of rail. Scctiou two huudi'ed and twelve of chapter one hundred
ti°o'n forTims^'ng aud twclvc of the Public Statutes, is hereby amended by
pfoyees!*"™ inserting after "indictment" in the twenty-second line,
the following words, "and if an employee of such cor-
poration being in the exercise of due care is killed under
such circumstances as would have entitled the deceased to
maintain an action for damages against such corporation,
if death had not resulted, the corporation shall be liable
in the same manner and to the same extent as it would
have been if the deceased had not been an employee."

Approved June 16, 1883.

Chdp.^ii^i An Act to establisu the salary of the judge of probate and

INSOLVENCY FOR THE COUNTS OF ESSEX.

Be it enacted, etc., as foUows :

Section 1. The judge of probate and insolvency for
the county of Essex, from and after the first day of Janu-
ary in the year eighteen hundred and eighty-three, shall
receive an annual salary of three thousand d(Wlai-s.

Section 2. This act shall take eflect upon its passage.

Approved June 16, 1883.

Salary estab-
lished.

Chcip.2i4.0 An Act relating to the care and education of neglected

CHILDREN.

Officers to
make com-
plaiiitH and
carry into exe-
cution llie
judgments
thereou.

Be it enacted, etc., as foUoios :

Section nineteen of chapter forty-eight of the Public
Statutes, relating to the care and education of neglected
children, is hereby amended by inserting in the eighth
line thereof, after the word " complaints," the words
" and carry into execution the judgments there<m."

Approved June 16, 1883.

1883.— Chapters 246, 247. 533

An Act to authorize the toavn of nokton to receive and C'hap.24:b

UOLD certain PUOPERTY IN TRUST.

Beit enacted, etc., as follows:

Section 1. The town of Norton is hereby authorized Town may re-

/~i XT' -If 1 ly r ci'ive and liola

to receive from Cyrus Hicks of Boston tlie sum ot four certain property
thousand dolhirs, the same to be forever held in trust for
the followini; ]mrposcs, to wit : one-half of the income of
said fund shall be used to keep in repair the burial lot of
the said Cyrus Hicks situate iu the centre burial ofround
in Norton, and the other half of said income shall be ap-
propriated by said town towards defraying its ordinary
expenses.

Section 2. This act shall take effect upon its passage.

Approved June 16, 1883.

An Act to enable fire district number one of Greenfield to C'hcip.Z'^i

INCREASE its WATER SUrPLY.

Be it enacted, etc., as follows:

Section 1. The fire district number one of the town May take and
of Greenfield, for the purpose of furnishing an additional r'lsk Brook.
water supply for itself and the inhahilants of the towns
of Greenfield and Deerfield, for the extinguishment of
fires and for domestic and other purposes, may take, by
purchase or otherwise, and hold the water of Fisk Brook,
so called, in the towns of Greenfield, Shell)urne and Col-
rain, and the water rights connected therewith and also
all lands, rights of way and easements, necessary for
holding and preserving such water, and for conveyinu the
same to any part of said towns of Greenfield and Deer-
field, and may erect on the land thus taken or held, jiroper
dam-!, buildings, fixtures and other structures, and may
make excavations, procure and operate machinery, and
provide such other means and appliances as may be
necessary for the establishment and maintenance of com-
plete and effective water works; and may construct and May ronRtmct

I , 1 -i • 1 *i II and lay down

hiy down conduits, pipes and other works under or over couduua.
any lands, water courses, railroads, or public or private
■ways, and along any such way, in such manner as not
unnecessarily to obstruct the same; and for the purpose
of constructing, maintaining and repairing such conduits,
pipes and other works, and for all proper pui'poses of
this act, said fire district may dig up any such lands, and
under the direction of the board of selectmen of the town

534

1883. — Chapter 247.

To have re-
corded in the
registry of
deeds a de-
scription of the
land taken.

Payment of
daoiagcs.

No application
for damages to
be made until
•water is with-
drawn.

Greenfield Fire
District Water
Loan.

in which any such ways are situated, may enter upon and
diir lip any such ways in such manner as to cause the least
hindrance to public travel on such ways.

Section 2. The said fire district shall, within sixty
days after the takinir of any lands, rights of way, water
rights, water sources or easements as aforesaid, otherwise
than by purchase, file and cause to be recorded in the
registry of deeds for the county within which such lands
or other property is situated, a description thereof suffi-
ciently accurate for identitication, with a statement of the
purpose for which the same were taken, signed by the
chairman of the prudential committee of said tire dis-
trict.

Section 3. The said fire district shall pay all damages
sustained by any person in property by the taking of any
land, right of way, water, water source, water right or
etisement, or by any other thing done by said fire district
under the authority of this act. Any person sustaining
damages as aforesaid under this act, who fails to agree
with said.fire district as to the aun)unt of damages sus-
tained, may have the damages assessed and determined in
the manner provided by law when land is taken for the
laying out of highways, on application at any time within
the period of three years from the taking of such land or
other property, or the doing of other injury, under the
authority of this act ; but no such application shall be
made after the expirntion of said three years. No appli-
cation for assessment of damages shall be made for the
taking of any water, water right, or for any injury
thereto, until the water is actually withdrawn or diverted
by said (ire district under the authority of this act.

Section 4. The said fire district may, for the purpose
of paying the necessary expenses and liabilities incurred
under the provisions of this act, and for the purpose of
paying or refunding the present indebtedness of said fire
district, issue, from time to time, bonds, notes or scrip,
to an amount not exceedinof in the ago;refjate one hundred
thou-and dollars ; such bonds, notes and scrip shall bear
on their face the words " Greenfield Fire District Water
Loan" ; shall be payable at the expiration of periods
not exceeding thiity yeais from the date of issue; shall
bear interest payable semi-annually, at a late not exceed-
ing six per centum per annum, and shall be signed by the
treasurer, and be countersigned by the chairman of the

1883. — Chapter 247. 535

pruflentinl committoo, of said fire tlistriot. The snitl fire

distiic-t mny sell such securities at public or private sale,

or ph'dge the s;ime for money l)orr()\vecl for the purposes

of this act, upon j«uch terms and conditions as it may

deem proper. The said fire district shall provide, at the

time of contracting said loan, for the establishment of a

sinking fund, and ishall annually (•ontril)ute to such fund a

sum sufficient, Avith the accumnlations thereof, to pay the

principal of said loan at maturity. The said siidiing fund sinking fund.

shall remain inviolate and pledged to the payment of said

loan, and shall be used for no other puipose. The said

fire distiict may, instead of establishing said sinking fund,

pay the principal of said loan b}' annual instalments not

exceeding the sum of ten thousand dollars in any one

year.

Sections. The said fire district shall raise annually, xoraiseannu-
by taxation, a sum which, with the income derived from l^umcVJnfuTpay
the water rates, will be sufficient to pay the current annual |."/,^7Jn ' e^ .'^
expenses of operating its water works, and the interest as penses.
it accrues on the bonds, notes and scrip issued as aforesaid
by said town, and to make such contributions to the sink-
ing fund and payments on the princi[)al as may be required
under the provi>ions of this act.

Srction 6, The said fire district may distribute the wnt^r supply
■water through the said towns of Greenfield and Deertield ; l'^,dDeerfii'id!
may establish fountains and h}drants, re-locate or discon-
tinue the same ; may regulate the use of said water and
fix and collect rates to be paid for the use of the same.

Section 7. The said fire di>trict shall exercise the rowers and du-
rights, powers and authority given by this act, subject to "''^•
the duties, liabilities and restrictions herein contained, in
such niiinner and by such agents and oflicers as said
fire district shall from time to time ordain, appoint and
direct.

Sections. AVhoever wilfully or wantonly corrupts, penalty for in-
pollutcs or diverts any of the waters taken or held under {.'.'.["^'/co^rupting
this act, or injures any structure, work or other property wakr, etc.
owned, held or used by said fire district under the au-
thority and for the |)ui poses of this act, shall forfeit and
pay to said fire district three times the amount of tJamages
assessed therefor, to be recovered in an action of tort ;
and ui)on conviction of either of the above wilful or
wanton acts shall be puni^hed by a fine not exceeding
three hundred dollars or by imprisonment not exceeding
oue year.

536 1883. — Chapters 248, 249.

Subject to ac- SectionO. Tliis act shall take effcct upon its accept-

two-ihirdBVote. aiice bj ii two-thiixls vote of the voters of said fire dis-
trict, present and voting thereon at a legal meeting of said
fire district called for the purpose, within three years from
its passage.

[ The foregoing tvas laid before the Governor on the twelfth
day of June, 1883, and after Jive days it had the ^'- force
of a law" as ipr escribed hy the Constitution, as it teas not returned
by him ivith his objections ivithin that time.']

Chap

.248 An Act in addition to an act of the present year to extend
the time avitflln which savings banks and institutions for
savings may sell certain real estate now held by them.

Be it enacted, etc., as follows:
Time extended, SECTION 1 . The exemption from taxation granted to
bankl.'fo? snie savings banks and institutions for savings hy section
esutei"'"'"'"'' twenty of chapter thirteen of the Public Statutes on
account of real estate acquired by the completion of fore-
closure, or by purchase under the provisions of the eighth
clause of section twenty of chapter one hundred and six-
teen of the Public Statutes, is hereby extended and shall
be allowed for the term during which such real estate shall
be held under the provisions of chapter fifty-two of the
acts of the present year, or of any general law ; and the
tax for the present year shall be assessed and collected in
accordance with the provisions of this act.

Section 2. This act shall take efiect upon its passage.

[ The foregoing teas laid before the Governor on the twelfth

day of June, 1883, and after five days it had the '■'■force

of a law," as prescribed by the Constitution, as it was not returned

by him with his objections ivithin that time.]

Chap.2.4d An Act relating to the bond of the treasurer of the

TRUSTEES OF THE HOME FOR AGED FEMALES IN THE CITY OF WOR-
CESTER, AND THE AMOUNT OF FROPERTY WHICH SAID CORPORA-
TION MAY HOLD.

Be it enacted, etc., asfolloivs:
May hold prop. Section 1. Scctiou two of chapter two hundred and
of^lsoo.uoo!""' sixty-five of the acts of the year eighteen hundred and
sixty-nine, entitled, "An Act to incorporate the trustees
of the Home for Aged Females in the City of Worcester,"
is amended by adding after the word " testament," in the
fourth line thereof, the following words : " and any other
estate, real or personal, which may come into their pos-

1883. — Chapter 250.

537

session by purchase, gift, grant, devise or otherwise, to

an amount not exceeding three hundred thousand dollars."

And section three of said chapter is amended by striking Bond of treas-

out in the seventh and eighth lines thereof the words " in "'^'"'"

double the amount of the property entrusted to him," and

inserting in place thereof the following words : "in the

sum of not less than five thousand dollars, and for such

larger sum as said trustees shall deem sufficient."

toECTiox 2. This act shall take effect upon its passage.

Approved June 23, 1883.

An Act to establish the city of Northampton.
Be it enacted., etc., as follows :

Section 1. The inhabitants of the town of Northamp-
ton shall continue to be a body politic and corporate under
the name of the City of Northampton, and as such shall
have, exercise and enjoy all the rights, immunities, pow-
ers and privileges, and shall be subject to all the duties
and ol)ligations now incumbent upon and pertaining to
the said town as a municipal corporation.

Section 2. The administration of all the fiscal, pru-
dential and municipal aff'airs of the said city, with the
government thereof, shall be vested in an officer to be
called the mayor, a council of seven to be called the board
of aldermen, and a council of twenty-one to be called the
common council ; the said councils, in their joint capacity,
shall be denominated the city council, and the members
thereof shall be sworn to the faithful performance of their
respective duties. A majority of each board shall consti-
tute a quorum for the transaction of business, and no
member of either board shall receive any compensation
for his services.

Section 3. The selectmen of said town, as soon as
may be after the acceptance of this act, shall divide said
town into seven wards, so that the wards shall contain, as
nearly as may be consistent with well defined limits to
each ward, an equal number of voters, and they shall des-
ignate such wards by numbers.

Section 4. The municipal election shall take place on
the first Tuesday of December annually, and the munici-
pal year shall begin on the first Monday of January fol-
lowing.

Section 5. On the first Tuesday of December an-
nually, there shall be elected, by ballot, in each of said
■wards, a warden, clerk and three inspectors of elections,

Chap.250

City of North-
ampton.

Mayor, alder-
men and com-
mon council.

Town to be di-
viiled into seven
wards.

Mnnicipal elec-
tion, etc.

Annual election
to he on first
Tiu'fday of
December.

538

1883. — Chapter 250.

When ward ofli-
cer is abeetit
office to be
filled /)ro tem-
pore.

Maj'or to be
elected by and
from the voters.

Alderman to be
resilient of the
'Ward.

Common coun-
cilman to be
renidenl of
ward.

Mayor to hold
office one year
and until suc-
cessor is elected
and qualified.

who shall he difierent persons, and shall he residents in
the ward, and who shall hold their respective othces one
year, and until others shall he elected and qualilicd in
their stead. The wardens shall preside at all ward meet-
ings, with the powers of moderators at town meetings ;
and if at any meeting the warden is not present, the clerk
shall preside until a wnrden pro tempore is elected hy hallot.
If both Avarden and clerk are ahsent, the senior in age of the
inspectors present shall preside until f\.\viiY(\Qx\ pro tempore
is so elected ; and if all said officers are ahsent, any legal
voter in said ward may preside until a warden pro tempore
is so elected. AVhen any ward officer is ahsent or
neglects to perform his duty, his office shall he filled pro
tempore hy ballot. The clerk shall record all the pro-
ceedings and certify the votes and deliver to his successor
in office all the records, journals, documents and papers
held hy him in his said capacity. The inspectors shall
assist the warden in reviving, assorting and counting the
votes. All of said officers shall be sworn to a faithful
discharge of their duties, said oath to be administered by
the clerk to the warden, and by the warden to the clerk
and to the inspectors, or to either of said officers l^y any
justice of the peace. Certificates of such oaths shall be
made by the clerk upon the ward records. All warrants
for meetings of the citizens for municipal pur})oses, to he
held either in wards or in general meetings, shall be issued
by the mayor and aldermen, and served and returned in
such manner and at such times as the city council shall
direct. The compensation of the ward officers shall be
fixed by concurrent vote of the city council.

Section 6. Ihe mayor shall be elected by and from
the qualified voters of the city, voting in their respective
wards.

Section 7. One alderman shall be elected by and
from the voters of each ward, and shall, at the time of
his election, be a resident of the ward in which he is so
elected.

Skction 8. Three common councilmen shall be
elected by and from the voters of each wai'd, and shall, at
the time of their election, be residents of the ward in which
they are elected.

Skction \). The mayor shall hold office for the muni-
cipal year next following his election, and until his suc-
cessor is chosen and qualified, and the members of each

1883. — Chapter 250.

539

branch of the city council shall hold office for the munici-
pal year next following their election, and until a major-
ity of the succeeding board is chosen and qualified. In
case of a vacancy in the office of ma^^or, or of his inal)ility
to act, the president of the board of aldermen shall act as
mayor until the inability ceases or the vacancy is filled.

(Section 10. On the first Tuesday of December an- Eipctionof
nually, the qualified voters in the several wards shall give dfy om"eVs°.
in their votes by ballot for mayor, city clerk, city treas-
urer, aldermen and common counciltnen, school commit-
tee, an elector under the Oliver Smith will, and three
trustees under the will of Charles E. Forbes, in accord-
ance Avith the provisions of this act. All the votes so
given shall be assorted, counted, declared and recorded in
open ward meeting, by causing the names of the peraons
voted for and the inunber of votes given for each to be
written in the ward record at length. The clerk of the
ward, within twenty-four hours thereafter, shall deliver
to the city clerk a copy of the record of such election,
certified by the warden and clerk and a majority of the
inspectors. The board of aldermen shall, within ten days
thereafter, examine the copies of the records of the several
wards, certified as aforesaid, and shall cause the person
who shall have been elected mayor to be notified in writ-
ing of his election ; but if no person is elected, or if the
})erson elected shall refuse to accept the office, the board
shall issue warrants for a new election, and the same pro-
ceedings shall be had in all respects as are herein before
provided for the election of mayor, and from time to time
shall be repeated until a mayor shall be elected and shall
accept said office. Each alderman and councilman shall be
notified in writing of his election by the city clerk. The
oath prescril)ed by this act shall be administered to the
mayor by the city clerk or by any justice of the peace.
The aldermen and common councilmen elect, shall, on the
first Monday of January, at ten o'clock in the forenoon,
meet in convention, when the oath required by this act
shall be administered to the members of the two boards
present, by the mayor, city clerk or by any justice of the
peace; and a ceitificate of such oath having been taken,
shall be entered upon the journal of the mayor and alder-
men and of the common council l)y their respective clerks.
After the oath has been administered as aforesaid, the two
boards shall separate, and the common council shall be

Aldermen and
councilmen to
be notilied of
their election.

Organization.

5^0

1883. — Chapter 250.

organized hy the election of one of its own members as
president, and also a clerk not one of its own members, to
hold their offices respectively during that municipal }'ear,
and the clerk shall be sworn to the faithful performance of
all the duties of his office, and his compensation shall be
fixed by concurrent vote of the city council. In case of
the absence of the mayor elect on the first Monday oi
January, or if a mayor shall not then have been elected,
the city council thall organize itself in the manner herein
before provided, and may proceed to business in the same
manner as if the mayor were present ; and the oath of
office may at any time thereafter, in convention of the two
boards, be administered to the mayor, and any member of
the city council who may have been absent at the organ-
ization. In the alisence of the mayor the board of alder-
men may elect a presiding offi'cer, pi-o temjoore, who shall
also, in such case, preside at the joint meetings of the tw^o
boards. Each board shall keep a record of its own pro-
ceedings and judge of the elections of its own meml)ers ;
and in case of vacancy in either board the mayor and
aldermen shall issue their warrants for a new election.

Section 11. The mayor shall be the chief executive
officer of the city. He shall cause the laAvs and regula-
tions of the city to be enforced and keep a general super-
vision over the conduct of all subordinate officers ; and
he may for a period not exceeding seven days, suspend
and, with the consent of the appointing power, for cause
remove any officer over whose appointment he, or his
predecessor has, in accordance with the provisions of this
charter, exercised the power of nomination. He may call
special meetings of the city council, or either branch
thereof, when in his opinion the interests of the city
require it, by causing notice to be left at the usual place
of residence of each meml)er of the branch to be con-
vened. He may, from lime to time, communicate to the
city council, or either branch thereof, such information,
and recommend such measures, as the business and inter-
ests of the city may in his opinion require. He shall,
when present, preside over the board of aldermen and
Toimve control ovcr thc city couucil whcu in joint convention. He shall
tii'ep''once"°" °^ at all times have the control and direction of the police
'^'"■^■''- force, subject only to the ordinances of the city. His

salary shall be fixed by the city council, but shall not
exceed the sum of eight hundred dollars, and shall be

Each boaril to
korp record of
its own proceed
iii,g!<.

Maj-or to be
chief executive
(fl'cer of the
city.

1883. — Chapter 250.

541

Ordinances, or-
ders, etc., lo lie
submitted to tho
mayor for ap-
proval.

payable at stated periods, but shall not be increased or
diminished during the year for which he is elected. He
shall receive no other compensation.

Section 12. Every ordinance, order, resolution or
vote to which the concurrence of the board of aldermen
and of the common council of said city may be necessary
(except on a question of a convention of the two
branches, or the election of an officer), and every order
of either branch of the city council, involving an expend-
iture of money, shall be presented to the mayor of the
city. If he approve thereof, he shall signify his approval
by signing the same, but if he does not approve thereof,
he shall return the ordinance, order, resohition or vote,
with his objections in writing, to the branch of the city
council in which it originated. Such branch shall enter
the objections of the mayor, at large, on its records, and
shall proceed to reconsider such ordinance, order, resolu-
tion or vote ; and if, after such reconsideration, two-thirds
of the branch present and voting, notwithstanding such
objections, agree to pass such ordinance, order, resolu-
tion or vote, it shall, together Avith the objections of the
mayor, be sent to the other branch of the city council
(if it originally required conciUTcnt action), where it
shall also be reconsidered, and if approved by two-thirds
of the number present and voting, it shall be in force ;
but in all cases the vote shall be determined by yeas and
nays ; and if such ordinance, order, resolution or vote is
not returned by the mayor within ten days after it has
been presented to him, the same shall be in force : jwo-
vtded, that if any ordinance, order, resolution or vote
embraces distinct subjects the mayor may approve of the
provisions relating to one or more of the subjects, and
not approve of the other provisions, and so much of the
same as the mayor may not approve of shall be reconsid-
ered as above provided.

Section 13. The executive power of said city, with Executive
all the powers heretofore vested by special statute in the
selectmen of the town of Northampton, and in the
selectriien of towns by the laws of the Commonwealth,
except as provided in this act, shall be vested in and ex-
ercised by the mayor and aldermen as fully as if the same
were herein specifically enumerated. The mayor and
aldermen shall have full and exclusive power to appoint
a constable or constables, a city marshal or chief of

power to be
vested in the
maj-or and
aldermen.

542

1883. — Chapter 250.

Constables, etc.
may be re-
quired to give
bonds.

City council to
have care and
ni:iniigement of
city properly.

Nominations to
be made by
mayor and con-
firmed or re-
jected by alder-
men.

Election of col-
lector of taxes,
city physician,
city solicitor,
etc.

jiolice, with all the powers and duties of a constable, and
all other police and su1)ordinate officers whose election is
not herein provided for, and the same to remove at
pleasure ; and they may require any person who may be
appointed a constable, city marshal or chief of police of
the city, to give bonds for the faithful discharge of the
duties of the office, with such security and to such an
amount as they may deem reasonable and proper, upon
which bonds the like proceedings and remedies may be
had as are by law provided in case of constables' bonds
taken by selectmen of towns. The compensation of the
police and other subordinate officers not otherwise pro-
vided for shall be fixed by concurrent vote of the city
council. The city council shall have the care and super-
intendence of the city buildings, and the custody and
management of all city property, with power to let Avhat
may l)e legally let, and to sell, purchase or hire property,
real or personal, in the name and for the use of the city,
whenever the interests or convenience of the city may in
their judgment require it ; and they shall, as often as
once a year, cause to be published for the use of the
inhabitants, a particular account of the receipts and ex-
penditures, and a schedule of city property and of the
city debt.

Section 14. In all cases in which appointments are
directed to be made by the mayor and aldermen, the
mayor shall have the exclusive power of nomination,
which nomination shall be subject, however, to confirma-
tion or rejection by the board of aldermen ; and no mem-
ber of the city council shall be eligible, during the term
for which he is elected, by appointment or election, to
any office, the salary of which is payable out of the city
treasury. All sessions of the city council and common
council shall be public.

Section 15. The city council shall annually, as soon
after its organization as may be convenient, elect by the
concurrent ballot of both branches of the city council, a
collector of taxes, and may elect a superintendent or sup-
erintendents of streets and highways, a city physician, a
city solicitor, a city auditor and an agent to represent the
city in the meetings of the Massachusetts Central Rail-
road Company, who shall be legal voters and hold their
respective offices for the term of one year from the first
Monday of March then next ensuing, and until their sue-

1883. — Chapter 250. 543

cGSSors shall be elected and qualified : provided, hoicever,

that any of the officers named in this section may be

removed at any time by the city council for sufficient

canse. Vacancies occurring in the above-named offices

may be filled by concurrent ballot at any time. The com- comppusation

pcnsation of the officers mentioned in this section shall be concurreiuvute.

fixed by concurrent vote of the city council.

Section 16. The city clerk and the city treasurer oity cicrk- and
shall hold office for the municipal year next following '^''^^ *^'■'''"'"'■'"■•
their election and nntil their respective successors are
elected and qualified. Any vacancy occurring in either vacanciea.
of the said oifices may be filled for the remainder of the
term by concurrent ballot of the city council. The said
officers shall receive such con.pensation as the city council
shall determine.

Section 17. The city clerk shall also be clei'k of the city cierk to be
board of aldermen, and of the city council when in con- men^°„(iofcity
vention, and shall be sworn to the faithful performance of venuou.'" '^°"
his duties. He shall perform such duties as shall be pre-
scril)ed by the board of aldermen, and he shall perform
all the duties and exercise all the powers incnmhent by
law upon him. He shall deliver to his successor in office,
as soon as chosen and qualified, all the records, journals,
documents, papers and property held by him in his said
capacity. In case of the temporary absence of the city
clerk, the mayor, by and with the advice and consent of
the board of aldermen, may appoint a city clerk jpro iem-
j)ore.

Section 18. The city conncil may establish a fire de- FJre department
partment for said city, to consist of a chief engineer, and irshecL* ''
of as many assistant engineers, enginemen, hosemen, hook
and ladder men and assistants as the city council, by
ordinance, shall from time to time prescribe ; and f-aid
city conncil shall have authority to fix the time of their
appointment and the term of their service, to define their
offices and duties, and in general to make such regulations
concerning the pay, conduct and government of such de-
partment, the management of fires, and the conduct ot
persons attending fiies, as they may deem expedient, and
may affix such penalties for any violation of such regula-
tions as are provided for the breach of the ordinances of
said city. The appointment of all the officers and mem-
bers of such department shall be vested in the mayor and
aldermen exclusively, who shall also have authority to

544

1883. — CiiAPTEK 250.

Fire limits may
be established.

Assessors of
taxes.

Assistant as-
sessors of taxes.

remove from office any officer or member, for cause, at
their discretion. The engineers so appointed shall be the
firewards of the city, but the mayor and aldermen may
appoint additional tirewards. The compensation of the
members of the fire department shall be fixed by concur-
rent vote of the city council.

Section 19. The city council msiy establish fire limits
within said city, and may from time to time change the
same ; and may by ordinance regulate the construction and
location of all buildings erected within said fire limits,
and the size and material of which they shall be con-
structed, and may make such other rules and regulations
as shall tend to insure the same from damage by fire : ^)ro-
vided, that such rules and regulations shall not be incon-
sistent with the laws of this Commonwealth.

Section 20. The city council first elected under this
act shall, as soon after its organization as may be conven-
ient, elect by concurrent ballot three persons, legal voters
of said city, to be assessors of taxes in said city, to serve
one for three years, one for two 3'cars, and one for one
year from the first Monday of March then next ensuing,
and until their respective successors are elected and quali-
fied ; and thereafter the city council shall annually in the
month of February elect in the same manner one person,
a legal voter in said city to serve for the term of three
years from the first Monday of March then next ensuing,
and until his successor shall be electeiJ and qualified. The
persons so elected shall constitute the board of assessors,
and shall exercise the powers and be subject to the duties
and liabilities of assessors in towns. Any vacancy occur-
ring in said board may be filled by concurrent vote
of the city council at any time, and the member so elected
shall hold office only for the unexpired term of the mem-
ber who has ceased to hold office. All taxes shall be as-
sessed, apportioned and collected in the manner prescribed
by law. The compensation of the assessors shall be fixed
by concurrent vote of the city council.

Section 21. The city council first elected under this
act may, as soon after its organization as may be conven-
ient, elect by concurrent ballot one legal voter from each
ward to be assistant assessor, to serve one year from the
first Monday of March then next ensuing, and until his
successor is elected and qualified ; and thereafter the city
council shall annually in the month of February elect in

1883. — Chaptee 250. 5i5

the same manner one legal voter from each ward to be
assistant assessor for one year from the first Monday of
March then next ensuing, and until his successor is
elected and qualified. Said assistant assessors shall
furnish the assessors with all necessary information rela-
tive to persons or property taxable in their respective
wards ; and they shall be sworn to the faithful perform-
ance of their duty. Any vacancy occurring in the num-
ber of assistant assessors may be filled by concurrent bal-
lot of the city council at any time. The compensation of
the assistant assessors shall be fixed by concurrent vote of
the city council.

Section 22. The school committee shall consist of schooi commit
the mayor of said city, ex officio, and nine other persons, '''''•
inhalutants thereof, who shall be elected by the qualified
voters of the city at large, voting in their respective
wards. At the first election held under this act, there
shall be elected three members of said committee, one
each from the inhabitants of wards one and three, and one
from the inhabitants of the city at large, to serve for the
term of three years, commencing on tbe first JVIonday of
January nextrensuing ; one each fiom the inhabitants of
wards two, four and six, to serve for the term of two
years, commencing on the first Monday of January next
ensuing; and one each from the inhabitants of wards five
and seven, and one from the inhabitants of the city at
large, to serve for the term of one year, commencing on
the first Monday of January next ensuing ; and at each
subsequent election there shall be elected in the same
manner as their predecessors three members of the school
committee, to hold oifice for the term of three years as
successors of those whose term of office expires at the
expiration of the then current municipal year. The mem- Members to
bers of the school committee shall serve without compen-
sation. The mayor shall be ex officio chairman of the
board, and shall have a casting vote, but the committee
may elect from their own number a chairman, who shall pre-
side in the absence of the mayor. The school committee
shall aimually appoint a secretary who shall be under the
direction and control of said committee, and may annually
appoint, but not from their own number, a superintendent
of the schools ; and the compensation of such secretary
and superintendent shall be fixed by concurrent vote of
the city council ; and the school committee may remove

serve without
compeiisatiun.

546

1883. — Chapter 250.

Vacancies.

Water commis-
sioners.

To appoint a
clerk.

Compensation
of clerlj and su-
perintendent.

Members of
board to serve
without coin,
pensation.

Board of public
works.

Vacancies.

Powers and du-
ties.

for sufficient cause such secretary or superintendent.
Any vacancy occuning in the board may be filled by the
joint ballot of the city council and school committee in
convention at any time, and the member so elected shall
hold office for the unexpired term of the member who has
ceased to hold office.

Section 23. The city council first elected under this
act shall, as soon as may be convenient after its organiza-
tion, elect by concurrent ballot six persons, legal voters
of said city, to be water commissioners, to serve two for
three years, two for two years, and two for one year from
the first Monday of March then next ensuing, and until
their respective successors are elected and qualified ; and
thereafter the city council shall annually in the month of
February elect in the same manner two persons, legal
voters of said city, to serve on said board for the term
of three years from the first Monday of March next
ensuing, and until their respective successors are elected
and qualified. Said commissioners shall annually appoint
a clei-k, to be under the direction and control of said
commissioners, and may appoint, but not from their own
number, a superintendent ; said commissioners may re-
move, for sufficient cause, such clerk or superintendent.
The compensation of such clerk and superintendent shall
be fixed by the city council. ' Any vacancy occurring in
said board may be filled by concurrent ballot of the city
council. The city council may at any time remove any
member of said board. The members of said board shall
serve without compensation.

Section 24. The cit}^ council first elected under this
act may, as soon as may be convenient after its organiza-
tion, elect, by concurrent ballot, three persons, legal voters
of said city, to constitute the board of public works ; to
serve one for three years, one for two years, and one
for one year from the first Monday of March then next
ensuing, and until their respective successors are elected
and qualified ; and thereafter the city council shall
annually in the month of February elect in the same man-
ner one person, a legal voter of said city, to serve on
said board for the term of three years from the first Mon-
day of March then next ensuing, and until his successor
shall be elected and qualified. Any vacancy occurring in
said board, may he filled by concurrent ballot of the city
council at any time. Said board shall hold hearings,

1883. — Chapter 250.

547

Members to
serve without
co:npeD8ation.

investigate and rei)oi't on all matters referred to it by the
city council or mayor and aldermen, relating to the lay-
ing out, altering, widening, discontinuing, change of
grade, or repairing of the streets of said city ; also re-
lating to the laying out, establishing, change of grade,
constructing, altering, paving or repaving and repairing
of sidewalks therein ; and also relating to the laying out,
maintenance, construction, altering or repairing of sewers
and drains therein. Said board shall also perform such
further duties relative to streets, bridges, sidewalks,
sewers, drains or other public works, parks, squares and
public places, including the estimation of damages and
betterments as the city council shall, by ordinance or
order, from time to time prescribe and direct. Any
member of said board may at any time be removed by
the city council for cause. The members of said board
shall serve without compensation.

Section 25. The city council first elected under this Overseers of the
act shall, as soon after its organization as may be con- ^°°''
venient, elect, by concurrent ballot, three persons, legal
voters of said city, to be overseers of the poor in said
city, to serve one for three years, one for two years, and
one for one year from the Hrst Monday of March then
next ensuing and until their respective successors are
elected and qualified ; and thereafter the city council
shall annually, in the month of February, elect in the
same manner one person, a legal voter of said city, to
serve for the term of three years from the first Monday
of INIarch then next ensuing, and until his successor shall
be elected and qualified. The persons so elected shall,
with the mayor and president of the common council,
constitute the board of the overseers of the poor. The
mayor shall be ex officio chairman of the boai'd. Any
vacancy occurring in said board mny lie filled by concur-
rent ballot of the city council at any time. The city
council may at any time remove any elective member of
said board. The compensation of overseers of the poor compensation
shall be fixed by concurrent vote of the city council. concuSvote
Not more than one of the elective members of said board of city council.
shall be originally elected from any one ward, and no
member of said board shall afterwards be elected from
any ward, a legal voter of which ward is at the time of
such election an elective member of said board.

548

1883. — Chapter 250.

IJoard of almon-
ers.

To serve with-
out compensa-
tion.

Board of health.

To serve -with-
out compensa-
tion.

Library com-
mittee.

Section 2C. The city council first elected under this
act shall, as soon after its organization as may be con-
venient, elect by conciu-rent ballot six persons, all resi-
dents of said city, who with the mayor of said city, shall
constitute the board of almoners of said city under the
provisions of the Whiting Street will, two of whom shall
be elected to serve for three years, two for two years,
and two for one year from the first Monday of March
then next ensuing, and until their respective successors
are elected and qualified ; and thereafter the city council
shall annually in the month of February elect in the same
manner two persons to serve as members of said Ijoard
for the term of three years from the first Monday of
March then next ensuing, and until their respective suc-
cessors shall be elected and qualified. The mayor shall
be ex officio chairman of said board and shall have a cast-
ing vote. Any vacancies occurring in said board may
be filled hy concurrent ballot of the city council at any
time. The members of said board shall serve without
compensation.

Section 27. The city council first elected under this
act shall, as soon as may be convenient after its organiza-
tion, elect by concurrent ballot three persons, legal
voters of said city, to constitute a board of health, to
serve one for three years, one for two ^^ears, and one for
one year from the first Monday of March then next ensu-
ing, and until their respective successors are elected and
qualified ; and thereafter the city council shall annually
in the month of February elect in the same manner one
person, a legal voter of said city, to serve as a member
of said board for the terra of three years from the first
Monday of March then next ensuing, and until his suc-
cessor shall be elected and qualified. Elections shall be
so made that one member, at least, of said l)oard shall be
a physician. Any vacancy occurring in said board may
be filled by concurrent ballot of the city council at any
time. The city council may, at any time, remove any
member of said board. The members of said board
shall serve without compensation.

Section 28. The city council first elected under this
act shall, as soon as may be convenient after its organiza-
tion, elect by concurrent ballot nine persons, legal voters
of said city, to constitute a library committee, who shall
have the supervision, management and care of the public

1883. — Chapter 250.

549

library of said city. Said committee shall be elected to
serve three for three years, thi-ee for two years, and three
for one year from the first Monday of March then next
ensuing^, and until their respective successors shall he
elected and qualified ; and thereafter the cit}^ council shall
annually in the month of February elect in the same
manner three persons, legal voters of said city, to serve
for three years from the first Monday of March then next
ensuinof, and until their respective successors are elected
and qualified. Said committee shall annually appoint,
but not from their own number, one or more librarians,
to be under the direction and control of said committee,
and may for sufficient cause remove such librarians. The
compensation of such librarians shall be fixed by the city
council. Any vacancy occurring in said committee may
be filled by concurrent ballot of the city council at any
time. The city council may, at any time, remove any
member of said committee. The three trustees of the
will of Charles E. Forbes shall be members ex officio of
the library committee. The members of said library
conmiittee shall serve without compensation.

Section 29. The city council first elected under this
act shall, as soon after its organization as may be con-
venient, elect by concurrent ballot a trust-fund committee,
consisting of three persons, legal voters of said city, to
serve one for one 3'ear, one for two years, and one for
three years from the first Monday of March then ensuing,
and until their respective successors shall be elected and
qualified ; and thereafter the city council shall anmially
in tile month of February elect b}^ concurrent ballot one
person, a legal voter of said city, to serve as a member
of said committee for three years from the first Monday
of March then next ensuing, and until his successor shall
be elected and qualified. Said committee shall have
charge of the investment and management of the trust
funds and trust property held by said city, and not here-
inbefore mentioned. Any member of said committee
may be removed from office by the city council at any
time. Any vacancy occurring in said board may be filled
at any time by concurrent ballot of the city council.
The members of said committee shall serve without com-
pensation.

Section 30. The city council first elected under this
act shall, as soon after its organization as may be con-

To appoint li-
brarians.

To serve with-
out compensa-
tion.

Trust fund com-
mittee.

To serve with-
out compensa-
tion.

Commissioners
of sinking funds.

550

1883. — Chapter 250.

To serve ■with-
out compensa-
tion.

Cemetery com-
mittee.

To serve with,
out compensa-
tion.

City improve-
ment commit-
tee.

venient, elect by concurrent ballot a board of three per-
sons, legal voters of said city, to be commissioners of the
sinking fnnds of said city, one of Avhom shall he elected
to serve for one year, one for two years, and one for
three years from the tirst Monday of March then next
ensuing, and until their respective successors are elected
and qualified; and annually thereafter in the month of
February the city council shall elect one person, a legal
voter of said city, as a member of said committee to
serve for three years from the first Monday of March
then next ensuing, and until his successor shall be elected
and qualified. Any member of said board may be re-
moved for sufficient cause, and au}^ vacancy occurring in
said l)oard may be filled at any time by concurrent vote
of the city council. The members of said board shall
serve without compensation.

Section 31. The city council first elected under this
act shall, as soon after its organization as may be con-
venient, elect by concurrent ballot six persons, legal
voters of said city, to constitute a cemetery connnittee,
to serve two for one year, two for two years, and two for
three years from the first Monday of March then next
ensuing, and until their respective successors shall be
elected and qualified ; and thereafter the city council
shall annually in the month of February elect l)y concur-
rent ballot two persons, legal voters of said city, to serve
on said committee for three years from the first Monday
of March then next ensuing, and until their respective
successors shall be elected and qualified. The said com-
mittee shall have charofc and control of the cemeteries and
burial places of said cit3^ Any meml)er may, at any
time, be removed from office by the city council. Any
vacancy occurring in said board may be filled at any time
by concurrent ballot of the city council. The members
of said committee shall serve without compensation.

Section 82. The city council first elected under this
act shall, as soon after its organization as may be con-
venient, elect hy concurrent ballot six persons, legal
voters of said city, to be a city improvement committee,
to serve two for one year, two for two years, and two for
three years from the first Monday of March then next
ensuing, and until their respective successors shall be
elected and qualified ; and thereafter annually in the
mouth of February the city council shall elect in the

1883. — Chapter 250.

551

same manner two persons, legal voters of said city, to
serve for three years from the tirst Monday of March then
next ensuing, and until their respective successors are
elected and qualiHed. The said committee shall have the
care, superintendence and management of the public
grounds belonging to said city, and also of all the shade
and ornamental trees standing and growing in or upon
any of the public streets and highways of said city, but
subject, nevertheless, at all times to the control of the
city council by ordinance or otherwise. Any member
of said committee may be removed for cause by the city
council at any time. Any vacancy occurring in said com-
mittee may be filled at any time by concurrent ballot of
the city council. The members of said board shall serve
without compensation.

Section 33. Ko money shall be paid from the city
treasury unless granted or appropriated by the city
council, and said city council shall require all officers
entrusted with the receipt, custody or disbursement of
money to give bonds with sufiicient penalties and sureties
for the faithful performance of their duties.

Section 34. The city council shall have exclusive
authority and power to lay out any new street, highway
or town way, and to estimate the damages any individual
may sustain thereby ; but all questions relating to the
subject of laying out, accepting, altering or discontinuing
any street or way shall first be acted upon by the mayor
and aldermen ; and any person dissatisfied with the deci-
sion of the city council in the estimate of damages, may
make complaint to the superior court or the county com-
missioners for the county of Hampshire, in term time or
vacation, withiii one year after such decision, whereupon
the same proceedings shall be had as are now provided
by law in cases where persons are aggrieved by the assess-
ment of damages by selectmen.

Section 35. All elections of officers who are voted
for by the people, shall be held at meetings of the citi-
zens (qualified to vote at such elections in their respective
wards.

Section 36. Prior to every election, the mayor and
aldermen shall make out lists of all the citizens of each
ward qualified to vote in such election, in the manner pro-
vided by law ; and, for that purpose they shall have full
access to the assessors' books and lists, and may call upon

To serve with-
out compensa-
tion.

Money not to be
Ji.iid out unless
appropriuteJ.

Otlkers to give
bonds.

Laying out
streets, etc., u
der control of
city council.

Elections by the
people to lie
held In wards.

Lists of voters
to be made by
iiiuyor and al-
dirmcn, and
delivered to
ward clerks.

552

1883. — Chapter 250.

(Jeneral nieet-
inifs of citizens.

Ward meetings
without the
limits of the
ward.

liy-laws to con-
tinue in force.

Lighting the
streets.

Laws to con-
tinue in force.

Rights not to be
affected.

any of the city officers for assistance ; and they shall
deliver the lists so prepared and corrected to the clerks of
the several wards, to be used at such election.

Sectiox 37. General meetings of the citizens qualified
to vote, may, from time to time, be held according to the
rights secured to the people by the constitution of this
Commonwealth ; and such meetings may, and upon the
request in writing of fifty qualified voters, setting forth
the purposes thereof, shall, be duly warned by the mayor
and aldermen.

Section 38. The mayor and aldermen may, when no
convenient ward room for holdintj the raeetiDg: of the
citizens of any ward can be had within the territorial
limits of such ward, direct in the warrant for calling such
ward meeting that the same be held in some convenient
place in an adjacent ward of said city, and for such pur-
pose the place so assigned for the meeting of the citizens
of any such ward shall be deemed a part of such ward.

Section 39. All by-laws and regulations in force in
the town of Northampton shall remain in force until they
shall expire by their own limitation, or be revised or re-
pealed by the city council ; and all fines and forfeitures
lor the breach of any by-law or ordinance shall be paid
into the city treasury, and any complaint for any violation
there(jf may be made by the mayor, city clerk, city
treasurer, city marshal, or chief of police.

Section 40. The said city council may cause the
streets, lanes and avenues of said city to be lighted, and
for that purpose may erect posts, construct lamps and
electric light or other circuits, lay gas pipes or other
apparatus in said streets, lanes and avenues, and do such
other things as may be necessary to carry into effect such
purpose.

Section 41. All general laws in force in the said town
when this act shall be accepted as hereinafter provided,
and all special laws then in force in said town or in a fire
district thereof, shall continue in force in said city so far
as the same are consistent with this act.

Section 42. The passage of this act shall not affect
any right, accruing or accrued, or any suit, prosecution,
or other legal proceeding pending at the time when this
act shall go into operation, and no penalty or forfeiture
previously incurred shall be affected hereby. All per-
sons holdins: office in said town at the time this act shall

1883. — Chapter 250.

553

take effect, shall continue to hold the same notwithstand-
ing the passage hereof, until the organization of the city
government hereby authorized shall be cliccted, and until
the successors of such olficers shall be respectively elected
and qualified.

Section 43. For the purpose of organizing the
government hereby authorized, and of putting the same
in operation, the selectmen of said town for the time be-
ing, shall issue their warrants at least seven days previous
to the first Tuesday of December next after the accept-
ance of this act, calling a meeting of the legal voters of
each ward on such first Tuesday of December at such
place and hour as they may deem expedient, for the pur-
pose of electing a warden, clerk and inspectors for each
w^ard, and all other officers w^iose election is provided for
in this act; and the transcripts of the records in each
ward, specifying the votes given for the several officers
aforesaid, certified by the warden and clerk of the ward
at such meeting, shall be returned to said selectmen,
whose duty it shall be to examine and compare the said
records and give notice of the result in the manner before
])rovided, to the several persons elected. A list of the
legal voters in each ward, prepared and C(jriected by the
selectmen for the time being, shall be delivered to the
clerk of each ward, when elected, to be used at such
meeting as hereinbefore provided. The selectmen shall
appoint a time and place for the fiist meeting of the
members of the city council first elected under this act,
and shall notify each member thereof by written notice
left at his place of residence. The city council shall
immediately after its organization carry into effect the
provisions of this act.

Section 44. This act shall take effect upon its accept-
ance by a majority of the legal voters of said town present
and voting thereon, at a meeting duly called for that pur-
pose, within two years from the passage of this act. At
such meeting the vote shall be taken by ballot and the
polls shall be kept open not less than six hours, and the
check lists shall be used. If at any meeting called for
the purpose this act shall fail to be accepted by a majority
of the legal voters of said town, the act shall not be again
submitted for acceptance to the legal voters of said town
within four months of the date of such prior meeting.
It is however provided, that a meeting may be called for

First olection of
city ottict-rs.

List of voters to
be furniched to
the ward clerk.

Subject to ac-
ceptiiiice by a
majority vote.

554

1883. — Chapter 251.

the purpose of submitting the question of the acceptance
of this act to the legal voters of said town at any time after
the passage hereof. Aj^proved June 23, 1883.

Ohap.^Sl. Ax Act to sf.cure better provisions for escape from hotels

AMU CERTAIN OTHER BUILDINGS, IN CASE OF FIRE.

Watchmen in
liotclrt and
boarding
bouses.

■ways to be
lighted.

Be it enacted, etc., as folloios :

Section 1. Every keeper of a hotel, boarding or
lodging liouse containing one hundred or more rooms, and
l^eing four or more stories high, shall have therein at
hast two competent watchmen, each properly assigned,
and each on duty between the hours of nine o'chjck in the
afternoon and six o'clock in the forenoon. And every
keeper of a hotel, boarding or lodging house containing
filty or more, but less than one hundred rooms, and being
three stories high, shall have between said hcjurs at least
Halls and stair- oiic compcteut watchmau on duty therein. And in all
such hotels or lodging houses as are mentioned in this
section, the halls and stnirvvays shall be properly lighted
at night, and at the head and foot of each flight of stairs
shall be kept during the night a red light ; and one or
more proper alarms, or gongs, capal)le of being heard
throughout the house, shall always remain easy of access
and ready for use in each of said buildings, to give notice
to the inmates in case of fire ; and every kee[)er of such
hotel, boarding or lodging house, shall keep posted in a
conspicuous place in every sleeping-room a notice descrip-
tive of such means of escape.

Section 2. Hotels used and occupied as public houses,
for the reception and entertainment of guests, boarding
or lodofins: houses and school buildin<j3, beins^ three or
nioie stories hio;h, and accommodating or havinj]^ the
means of accommodating thirty or more persons, also
factories, w'orkshops, and manufacturing e^ta1)lishments
ot said height, in which forty or mi>re persons are em-
ployed, shall be supplied inside thereof with proper and
sufficient means or appliances for escape, in case of tire,
or apparatus for that purpose properly constructed upou
the outside thereof, connected through doors or windows ;
all such fire escapes shall ]>e kept in good order and free
from obstructions, and shall be approved by the inspector
of factories and public buildings, or iu the city of Boston
by the inspector of buildings.

Fire escapes.

1883. — Chaptees 252, 253. 555

Section 3. The inspector of buildings in the city of FLirther pro-
Boston, the mayor and aldermen of other cities, and the required to be
selectmen of towns, shall prescribe as they deem neces- ""'^'''
sary, except so far as is specifically required in the pre-
ceding sections, what additional night-watch shall be kept,
and what further provisions for the prevention of tires,
and for the better protection of life in case of fire, shall be
made by the several keepers of hotels, boarding or lodg-
ing houses within their respective limits ; and no license
shall be granted to any keeper of a hotel embraced in the
provisions of this act, until the requirements thereof, so
far as applicable, have been complied with.

Sectiox 4. Whoever neglects or refuses to provide Penalties.
watchmen as required by this act shall be punished by a
fine not exceeding one thousand dollars for each offence,
and whoever violates any of the other provisions of this
act shall be subject to the same penalty as is prescribed in
section twenty-two of chapter one hundred and four of
the Public Statutes. Approved June 23, 1883.

An Act to authorize the governor to appoint women who are (JllCiP''2i5^

ATTOHNEYS-AT-LAW SPECIAL COaiMISSIONEBS TO ADMINISTER
OATHS AND TO TAKE DEPOSITIONS AND THE ACKNOWLEDGMENT
OF DEEDS.

Be it enacted, etc., asfolloivs :

Section 1. The governor, with the advice and consent women who are
of the council, is hereby authorized to appoint women, beappXtTd^
who are attorneys-at-law, to administer oaths, to take oathl^etc!'*"^
depositions, and to take acknowledgments of deeds, and
women so appointed shall be designated in their commis-
sions as special commissioners.

Section 2. This act shall take effect upon its passage.

Approved June 23, 1883.

An Act to amend chapter forty-nine of the public statutes Chcip253
IN regard to the payment of damages where persons have
separate interests in the pkopeuty for which damages
are claimed.

Be it enacted, etc., as folloios :

Section 1. Section eighteen of chapter forty-nine of payment of
the Public Statutes is hereby amended by striking out all of persrAIvc"
said section after the word " interests" in the thirteenth i^'J^.^estg j,, t^e
line thereof, and insertinfj in place thereof the foliowino^ : property dam

~ . 1 . T , aged.

" the annual income to be paid over durmg the period for
which the life estate or terra of years was limited to con-

556 1883. — Chapters 254, 255.

tlnue to the tenant for life or years, first deducting from
any such payment of income the annual amount or money
value of any rent, charge or other payment which would,
if damages had not been sustained as aforesaid, have been
required to be made by such tenant to or for the benefit of
the reversioner or remainder-man, which payment so
required of the tenant shall be made on his behalf b}' the
trustee ; and at the termination of the period before men-
tioned the principal of the fund held by the trustee to be
paid over absolutely to such reversioner or remainder-
man."

Section 2. This act shall take effect upon its passage.

Ajyproved June 23, 1883.

Chcip.25± Ax Act authorizing the city of taunton to constkuct away

THROUGH LAND HELD BY THE TRUSTEES OF THE TAUNTON LUNATIC
HOSPITAL.

Be it e7iactecl, etc., as foUoivs :
City may lay Section 1 . The city of Tauntou is authorized to lay

throu^^Tand out aucl coustruct a way through land held by the trustees
lunitiJhol- of the Taunton lunatic hospital in trust for the Comuion-
P'tai. wealth, from a point on Chester Street in the city of

Taunton near its intersection with Danforth Street to Mill

Kiver, and for this purpose may take such portion of said

land as shall be deemed necessary.

Section 2. This act shall take effect upon its passage.

Approved June 23, 1883.

Cha,p.255 An Act to confirm the proceedings of " the trustees of the

METHODIST EPISCOPAL CHURCH AT SAINT PAUL'S STATION IN
LOWELL," AND TO CHANGE THE NAME OF SAID CORPORATION.

Be it enacted, etc., asfollotos:
Acts ratified and Section 1. All acts and procecdiugs of " The Trustees
confirmed. of the Mcthodist Episcopal Church at Saint Paul's Station

in Lowell," a corporation organized on the thirtieth day of
April in the year eighteen hundred and fifty-two under
chapter two hundred and eighty of the acts of the year
eighteen hundred and forty-seven, wdiich said corpo-
ration might legally do, are hereby ratified and confirmed
so far as the same are affected by any defect or irregular-
ity in the manner or time of calling or holding the meet-
ings of said corporation, the election of its members or
ofiicere, or the qualification of the same.

1883. — Chapter 256. • 557

Section 2. The name of said corporation is hereby Name ciiange.j.
changed to the " Saint Paul's Methodist Episcopal Church,
Lowell, Mass."

Section 3. This act shall take effect upon its passage.

Approved June 23, 1883.

An Act authorizing the city of lynn to take an additional CJiC(2)--5Q

WATER SUPPLY.

Be it enacted, etc. , as follows :

Section 1. The city of Lynn may for the purposes of city may take
an additional water supply for itself and its inhabitants, from saugus
take by purchase or otherwise, the water of Saugus River HawkeTand
whenever its daily flow at Pranker's dam in the town of ^^""^ Brooke.
Saugus shall exceed fifteen million gallons, and may at
such times take all the flow of said river in excess of said
fifteen million gallons and no more. And, also for the
purposes aforesaid, said city may take by purchase or
otherwise without limitation, and hold the waters of
Hawkes and Penny brooks, tributaries of said Saugus
Kiver, and also all lands, rights of way and easements,
necessary for holding and preserving all water, taken by
purchase or otherwise under the authority of this act and
for conveying the same to any part of said city ; and may
erect on the land thus taken or held, proper dams, build-
ings, fixtures and structures, and may make excavations,
procure and operate machinery, and provide such other
means and appliances as may be necessary for the estab-
lishment and maintenance of complete and effective water
"works; and may construct and lay down conduits, pipes May construct

d, 1 1 1 ii 1 I 1 A conduits and

other works, under, through or over any lands, water- other works.

courses, public works, railroads, public or private ways,
and along any such way in such manner as not unneces-
sarily to obstruct the same ; and for the purpose of con-
structing, maintaining and repairing such conduits, pipes
and other works, and for all proper purposes of this act,
said city may dig up any such lands, and, under the direc-
tion of the board of selectmen of the town in which any
such waj's are situated, may enter upon and dig up any
such ways, or any such ways in said city, in such manner
as to cause the least hindrance to public travel on such ways.

Section 2. The said city shall, within sixty days after to cause to i.c
the taking of any lands, rights of way, water rights, sfxTy'dVajn""
water sources or easements as aforesaid, otherwise than |i\"8,.Hf,uo7o'f
by purchase, file and cause to be recorded in the registry ^a^j;""^' '''''•'

558

1883. — Chapter 256.

Payment for
damages.

Application for
damages not to
be made until
M'ater is ac-
tually diverted.

City of Lynn
Water Loan.

Sinking fund.

of deeds for the county within which such hinds or other
property is situated, a description thereof sufficiently
accurate for identification, with a statement of the pur-
poses for which the same were taken, signed by the mayor
of said city.

Section 3. The said city shall pay all darnages sus-
tained by any person in property by the taking of any
land, right of way, water, water source, water right or
easement, or by anj' other thing done by said city under
the authority of this act. Any person sustaining damages
as aforesaid under this act, who fails to agree with said
city as to the amount of damages sustained, may have the
damages assessed and determined in the manner provided
by law when laud is taken for laying out of highways, on
application at any time within the period of three years
from the taking of such land or other property, or the
doing of other inj\ny, under the authority of this act ;
but no such application shall be made after the expiration
of said three years. No application for the assessment of
damages shall be made for the taking of any water, water
right, or for any injury thereto, until the water is actually
withdrawn or diverted by said city under the authority of
this act.

Section 4. The said city may, for the purposes of pny-
ing the necessary expenses and liabilities incurred under
the provisions of this act, issue from time to time, bonds,
notes or scrip, to an amount not exceeding, in the aggre-
gate, two hundred and fifty thousand dollars ; such bonds,
notes and scrip shall bear on their face the words " City
of Lynn Water Loan, Act of 1883 ; " shall be payable at
the expiration of periods not exceeding thirty years from
the date of issue ; shall bear interest payable semi-annu-
ally, at a rate not exceeding six per centum per annum,
and shall be signed by the treasurer of the city, and
countersigned by the public water board. The said city
may sell such securities at public or private sale, or pledge
the same for money borrowed for the purposes of this act,
upon such terms and conditions as it may deem proper.
The said city shall jjrovide, at the time of contracting said
loan, for the establishment of a sinking fund, and shall
annually contribute to such fund a sum sufficient, with the
accumidations thereof, to pay the principal of said loan at
maturity. The said sinking fund shall remain inviolate,

1883. — Chapter 256.

559

and pledged to the payment of said loan, and shall he
used for no other purpose.

Section 5. The said city shall raise annually, l)y taxa-
tion, a sura which, with the income derived from the
water rates, will be sufficient to pay the current annual
ex[)enses of operating its water works, and the interest as
it accrues on the bonds, notes and scrip issued as aforesaid
by said city, and to make such contributions to the sink-
ing fund and payments on the principal as may be re-
quired under the provisions of this act.

Section 6. Whoever wilfully or wantonly corrupts,
pollutes or diverts any of the waters taken or hold under
this act, or injures any structure, work or other prop-
erty owned, held or used by said city under the authority
and for the purposes of this act, shall forfeit and pay to
said city three times the amount of damages assessed
therefor, to be recovered in an action of tort ; and upon
conviction of either of the above wilful or wanton acts
shall be punished by fine not exceeding three hundred dol-
lars or by imprisonment not exceeding one year.

Section 7. In case the tovvn of Saugus, ot- the in-
habitants thereof, shall, at any time, make application,
through its board of selectmen, to be supplied with water
from Lynn, then the said city shall furnish water to said
town or the inhabitants thereof to extinguish fires and for
domestic and other purposes, for which said town shall
pay an equitable compensation ; which, in case of ditfer-
ence, shall be determined by three commissioners, to be
appointed by the supreme judicial court, upon application
of either party, and notice to the other; whose award,
when accepted by said court, shall be binding upon the
parties for the term of five years.

Section 8. The public water board of the city of
Lynn shall have and exercise under this act, all like
powers and privileges which it now has and exercises
under the provisions of chapter two hundred and eighteen
of the acts of eighteen hundred and seventy-one.

Section 9. This act shall take effect upon its accept-
ance by the city council of said city if accepted within
three years from its passage.

Approved Jane 23, 1883.

City to raise
annually, by
taxation siiffi.
cient to pay
interi'st and cur-
rent expanses.

Penalty for cor-
ruptinj; water
or for injury to
property.

City to furnish
town of Saugua
witii water upon
application at
any time.

Powers of water
board of city of
Lynn.

Subject to ac-
ceptance by city
council.

5G0 1883. — Chapters 257, 258.

Chap.^^ An Act relating to the inspection of vinegar.

Be it enacted^ etc., as follows :
Inspection of Section 1. Sectioii sixty-iiiiie of chapter sixty of the

\inegar. Public Sjtatutes, is amended by striking out the word

"and" in the third line and the word "but" in the
fourth line, and inserting in place of each of said words
the words " or vinegar."
Compensation Section 2. Any city or town in which an inspector

of inspector. g^all be appointed under section seventy-one of chapter
sixty of the Pnlilic Statutes may provide compensation
for such inspector from the time of such appointment,
and in default of such provision shall be liable in an
action at law for reasonable compensation for services
performed under such appointment.

Section 3. This act shall take effect upon its passage.

Approved June 23, 1883.

ChClI).25S ^^ "^^'^ PROVIDING FOR THE DISPOSITION OF UNCLAIMED MONEYS IN
"' TUE HANDS OF RECEIVERS OF CERTAIN INSOLVENT CORPORATIONS.

Be it enacted, etc., as foUoivs :
Names, etc., of Section 1. At the cxpiratiou of one year after final
have^lliV^''" settlement ordered by the court, receivers of insolvent in-
div^d'e'^rfdl^fo'^ be suiauce companicsaud receivers of insolvent savings banks
reported to the aiid iustitutious for Saving's shall report to the court the

pnnrt ^ O X

names and residences, when known, of the persons or par-
ties entitled to any moneys or dividends from the estate of
sucli corporations remaining in their hands uncalled for,
with the amount due to each. The court shall thereupon
order such notice to be given by the receivers as justice
may require, and upon the expiration of one year from
the time of fifivin<r such notice the receivers shall in like
manner report the amonnts still uncalled for. Unless
cause shall appear for decreeing otherwise, such amounts
shall then be ordered to be paid into the treasury of the
Commonwealth and schedules signed by the receivers
shall at the same time be deposited with the treasurer, and
auditor of the Commonwealth setting forth the decree of
the court and the names and residences, so far as known,
of the persons or parties entitled thereto arranged in
alphabetical order and the amount due to each. The
auelitor shall forthwith cause notice of such deposit to be
mailed to such parties.

court.

1883. — Chapter 259.

561

Payments into
the treasury.

Section 2. The deposit of books and papers required Depositor
from receivers of insolvent corporations under the pro- papers?"
visions of section one of chapter seventy-seven of the acts
of the year eigliteen hundred and eighty-two shall be
made at the time when the payment into the treasury of
the Commonwealth of such unclaimed moneys or divi-
dends is required by law to be made and not before.

Section 3. Section one hundred seventy-three of Repoaiofp. s,
chapter one hundred nineteen, and section forty-four of iit5;§4l.'
chapter one hundred sixteen of the Public Statutes are
hereby repealed, but receivers of any insolvent savings
bank or institution for savings in whose case final decree
of distribution has been made at the passage of this act
shall make payments into the treasury of the Common-
wealth as required by the provisions of section forty-lour
of chapter one hundred sixteen of the Public Statutes
notwithstanding, and persons or parties entitled to receive
any portion of such sums or of the sums already paid into
the treasury under the provisions of said section, or the
acts of which they are a continuation may within two
years from the passage of this act and persons or parties
entitled to receive any portion of the sums paid into the
treasury under the provisions of the first section of this
act may within two years from the time of such deposit
and notice given make claim to the auditor of the Com-
monwealth therefor. Upon establishing the validity of
their claim, certification, warrant and payment shall fol-
low as in case of other valid claims against the Common-
wealth.

Section 4. This act shall take etfect upon its passage.

Ajyproved Jane 23, 1883.

An Act to incorporate the cape cod ship canal company. (77ift2?.259
Be it enacted, etc., as follows :

Section 1. William Seward, Jr., George S. Hall, corporators.
Samuel Fessenden, Edwin Reed, AVilliam A. Clark, Jr.,
Joseph T. Hoile, Walter Lawton, William F. Drake,
William Parker, their associates and successors, are
hereby made a corporation by the name of the Cape Cod Name.
Ship Canal Company, with all the privileges, and subject privileges and
to all the liabilities set forth in all general laws which now '''^^''''''-**-
are or may hereafter be in force relating to railroad corpo-
rations, so far as they may be applicable, except as here-
inafter provided.

562

1883. — Chapter 259.

Maj' construct a
ship canal from
Buzzard's Bay
to Barnstable
Bay.

Canal may be
laid not exceed-
ing one thou-
sand feet wido.

To be com-
menced within
four months and
completed
within four
j'ears.

May take land,
etc , for making
or securing
canal.

Payment of
damages.

Section 2. Said corporation may locate, construct,
maintain and operate a ship canal, beginning at some
convenient point in Buzzard's Bay, and running through
the town of Sandwich to some convenient point in Barn-
stable Bay ; may locate, construct and maintain all such
wharves, docks and other structures and works as may be
necessary for the convenient using of said canal ; together
with the highways provided for by this act ; and in con-
nection therewith may maintain and operate steam vessels
for transportation, or steam tugs, or use any other means
or methods for assisting vessels in their approach to and
passage through and from the canal.

Section 3. Said corporation may lay out its canal,
not exceeding one thousand feet wide, and shall file the
location thereof within four months from the passage of
this act, with the county commissioners for the county of
Barnstable, defining the courses, distances and boundaries
thereof, in the manner provided for filing railroad loca-
tions ; and said canal shall be commenced within four
months, and shall be completed within four years fiom the
passage of this act, and if at least twenty-five thousand
dollars be not expended in the actual construction thereof
within four months from the passage of this act, this cor-
poration shall thereupon ceas.e to exist, except as provided
in section forty-one of chapter one hundred and five of
the Public Statutes.

Section 4. Said corporation may purchase or other-
wise take land and materials necessary for making or
securing its canal, breakwaters, basins, docks, wharves,
locks, gates, highways or other structures and works
referred to in section two, in the manner in which land or
materials are taken for the construction of railroads. If
not able to obtain such land or materials by agreement
with the owner, it shall pay such damages therefor as the
county commissioners or a jury upon appeal may estimate
and determine.

Section 5. Said corporation shall pay all damages
occasioned by laying out, and making and maintaining its
canal, and by taking any land or materials, as provided in
section four; and such damages shall, upon the applica-
tion of either party, be estimated by the county commis-
sioners in the manner provided in laying out, making and
maintaining railroads ; and the residence of one of said
commissioners in the town of Sandwich shall not dis-

1883. — Chapter 259. 563

qualify him from acting under the provisions of this act ;
and when it is intended to take hind or materials, such appli-
cation shall be made before the actual taking or appro-
priation thereof.

Section 6. Either party if dissatisfied with the esti- Party dissatis-

iiji **^.. , ,. hed may apply

mate made by the county commissioners may, at any tmie for a jury.
within one year after it is completed and returned, apply
for a jury to assess the damages. Upon such application,
the prevailing party shall recover legal costs, and the pro-
ceedings thereon shall be the same as is provided for the
recovery of damages in laying out, making and maintain-
ing railroads.

Section 7. It shall be the duty of the Old Colony oidcoiony
Railroad Company so to alter its location, after adequate pany°to alter*
security satisfactory to the board of railroad commis- receh"i"g"^"''^
sioners is given to it by said canal company to protect it ^'a^n^ai'^oom^^ny
against and to pay all damajjes caused by so doing, as to to protect u

° .111, ° 1-1 • 1.1 against damage.

cross the said canal but once, which crossing, and the
location of the canal company at the crossing, shall be at
a point to be fixed by the board of railroad commissioners
in case the railroad company and canal company do not
agree upon the same, which point of crossing said compa-
nies are hereby authorized to fix. The board of railroad
connnissioners, after due notice to all parties interested,
and hearing of all who shall appear, shall also determine
and prescribe in writing the time when and the manner in
which the Old Colony Railroad Company shall alter its
location so as to cross said canal at such point, and also
the manner and the method in which the bridge for such
crossing, and the draw in the same, together with the
locks, if the board of railroad commissioners shall decide
they are necessary, or other structures for the protection
of, and the approaches to, said bridge shall be con-
structed ; and in making such alteration said railroad cor-
poration shall have all the powers and privileges, and be
subject to all the duties, restrictions and liabilities set
forth in all general laws relating to railroads, except that
the damages of land owners shall be assessed against and
paid i)y said canal company, as in case of land taken for
railroad purposes. The Cape Cod bhip Canal Company canai Company
shall thereupon proceed to build the railroad upon the Irpon'n'ew'E
new location, and complete the same in such manner and {iolJ of the'com-
at such time as may be prescribed by the railroad com- niissioners.
missioners, and to their satisfaction, in case the parties do

>64:

1883. — Chapter 259.

To build bridge
across canal.

Superintendent
of briflge to be
appointed.

Location of
railroad.

Value of cer-
tain materials to
be paid to Canal
Company by the
railroad com-
pany.

not agree upon the same ; and shall pay all damages
caused by the construction of said railroad on such new
location, and shall be liable for such damages as in case
of the construction of railroads. The Cape Cod Ship
Canal Company shall also build and maintain and keep in
repair to the satisfaction of the board of railroad commis-
sioners, a bridge across said canal, suitably protected by
locks or otherwise, to the satisfaction of the said board,
suitable for the passing of the railroad, and also for the
passing of the highway at the point fixed upon as above
provided, which said bridge shall have a suitable draw for
the passage of vessels ; and said railroad company shall
appoint a steady and discreet superintendent, and all
necessary assistants for such drawbridge, who shall be
paid by said canal company a reasonable compensation, to
be fixed by the railroad commissioners. Said superintend-
ent shall be experienced in the management of vessels,
and shall have full control and direction of the passing of
vessels through the draw, and of trains over the bridge,
and with said assistants shall be subject to such rules and
regulations, not inconsistent with law, as said railroad and
canal company shall from time to time prescribe for the
operation of said bridge ; but such rules and regulations
shall be subject to approval and alteration by the said
board of railroad commissioners. And said superintend-
ent and assistants shall be subject to removal by said
board of railroad commissioners.

Section 8. The Old Colony Railroad Company shall
have its location, not exceeding five rods in wddth, upon
any land owned or located upon by said canal company,
up to the said bridge, on each side thereof: pj-ovided, that
all reasonable use of said location by the said canal com-
pany, for the purpose of operating its canal, and under
the direction of the railroad commissioners, shall be per-
mitted by the railroad company without payment of rent
to the railroad company.

Section 9. The Old Colony Railroad Company shall
upon the completion and acceptance by the board of rail-
road commissioners of the newly constructed railroad and
bridge as above provided, allow and pay to the C;ipe Cod
Ship Canal Company the value of such iron and other
materials as may remain upon that portion of the line of
said railroad which is to be given up; such value to be

1883. — Chapter 259.

565

determined by the said board of railroad commissioners in
case the parties do not agree npon the same.

Section 10. Whoever unnecessarily opens or obstructs
the draw without the consent of the superintendent, or
without such consent makes fast or moors any scow, raft
or other vessel to said bridge within wake of the draw,
shall pay a fine of not less than three dollars nor more
than fifty dollars.

Section 11. AVhoever wilfull}' injures or damages
said bridge, wharf or pier, or wilfully disturbs or hinders
the superintendent in the discharge of his duties, shall
forfeit for each oifence a sum not exceeding one hundred
dollars, and be further liable in damages to the Cape Cod
Ship Canal Company.

Section 12. The provisions relating to draw-bridges
contained in sections one hundred and forty-eight to one
hundred and fifty-five inclusive, of chapter one hundred
and twelve of the Public Statutes, shall extend to said
bridge so far as applicable, except that a railroad train
shall be allowed five minutes to cross said draw instead
of fifteen minutes as provided in section one hundred and
fifty of said chapter. And the same penalties and forfeit-
ures provided in section one hundred and fifty-four of said
chapter shall also be in force, and may be recovered of
the Old Colony Eailroad Company, or any engineer, or
any superintendent of said bridge, in like manner as
therein provided for the violation of any of the provisions
of sections one hundred and fifty-one and one hundred and
fifty-three of said chapter.

Section 13. The said canal company shall provide and
maintain at North Sandwich and at West Sandwich, and
at such points as may be designated by the county com-
missioners, a suitable ferry across their canal for passen-
gers and teams, to be operated free from tolls under rules
to be established by the county commissioners. Said
canal company shall forfeit fifty dollars for each day it
shall fail to provide and maintain such ferry, to be re-
covered upon complaint or indictment in the county of
Bai'ustable, to the use of said county.

Section 14. The said canal company shall also con-
struct such highways to connect with the bridge and fer-
ries provided for in sections seven and thirteen of this act,
and such other highways as may be necessary to replace
the highways destroyed by the construction of said canal,

Penalty for ob-
structing, etc.,
draw.

Penalty for In-
jury to bridge,
etc.

Liability for
damages.

Provisions of
P. S. 112, §§148-
155 to extend to
bridge.

Penalties and
forfeitures.

Ferries to be
established
under direction
of the county
commissioners.

Highways to be
constructed to
co!inect with
the bridge and
ferries.

566

1883. — Chapter 259.

Herring fishing
at Monument
River and Her-
ring Pond.

Toll to be es-
tablished bj' the
Canal Company.

Penalty for
evading pay-
ment of toll.

Penalty for ob-
structing rny
water craft 'n
the canal.

ill such manner and at such time as the county commis-
sioners for the county of Barnstable shall prescribe, upon
each side of said bridge and ferries. After the comple-
tion of such highways, and their acceptance by the said
county commissioners, the said canal company shall not
be responsible in any manner for the further maintenance
of the same, except upon the location of said canal com-
pany.

Section 15. The said canal company shall also make
such suitable provision for the continuance of the
herring fishery in Monument River and Herring Pond as
the commissioners on inhind fisheries may prescribe ; and
in case of injury to any fishery shall pay to the owner
thereof such damages as shall upon the application of
either party be estimated by said ccmmiissioners on inland
fisheries, in a manner similar, so far as may be, to that
provided in laying out highways, and with a similar right
of appeal to a jury, by proceedings like those provided
for in section six of this act.

Section 16. The said canal company may establish
for its sole benefit a toll upon all vessels or water craft,
of whatever description, which may use its canal, at such
rates as the directors thereof may determine ; and may
from time to time regulate such use in all respects as the
directors may determine. Said corporation shall also
furnish towag:e through said canal for all vessels or water
craft which require it; for which service it may estal)lish,
for its sole benefit, a toll, at such rates as the directors
thereof may deteimine.

Section 17. Whoever fraudulently evades or attempts
to evade the payment of any toll, lawfnll}' estaljlished
under section sixteen of this act, either by misrepresent-
ing the register or draught of any vessel, or otherwise,
shall pay a fine of not less than fifty nor more than five
hundred dollars.

Section 18. Whoever wilfnlly and maliciously ob-
structs the passing of any vessel or steam-tug, m- other
water crai^, in said canal, or obstructs the approaches to
said canal within two thousand feet of either extremity
thereof, or in any way injures said canal, or its banks,
breakwaters, docks, wharves, locks, gates, or other struet-
vires or works, or anything appertaining thereto, or any
materials or implements for the construction or use
thereof, or aids or abets in such trespass, shall forfeit to

1883. — Chapter 259.

567

the use of the corporation, for each offence, treble the
amount of dam.'iges proved to have been sustained there-
by, to be recovered in an action of tort in the name of
tlie corporation ; and may further be punished by tine not
exceeding one thousand dolhvrs, or imprisonment for a
teim not exceeding one year.

Section 19. The cnpital stock of said canal company
shall be divided into shares of one hundred dollars each ;
and the amount of capital stock shall not be less than two
million dollars, and may be increased from time to
time, by vote of the corporation, to an amount not ex-
ceeding live millions of dollars. Said canal company may
locate ])ut shall not begin to construct said canal, or take
any hind or property therefor, until it shall have deposited
two hundred thousand dollars with the treasurer of the
Commonwealth, as security for the faithful performance
of the ol)ligations imposed by this act, and for the pay-
ment of all damages occasioned by the laying oiit, con-
struction and maintenance of said canal, or by taking any
land or materials therefor, and also of all claims for
lal)or performed or furnished in the construction of said
canal, which sura shall remain with the treasurer until
such time as said corporation shall have actually received
into its treasury and expended the sum of one million
dollars in the construction of said canal, and shall have
produced proof satisfactory to the board of railroad com-
missioners, that it has settled all damages, incurred or to
be incurred in the location and construction of said canal.
And said corporation shall, within four months from the
passage of this act, pay to the Commonwealth and to the
town of Sandwich, all sums of money expended by them,
or either of them, in the support and removal from the
Commonwealth of any persons who were engaged in the
constiuction of said canal in the 3'ear eighteen hundred
and eighty. If such deposit and payment shall not be
made within four months from the passage of this act this
corporation shall thereupon cease to exist except as pro-
vided in section forty-one of chapter one hundred and
five of the Public Statutes. The supreme judicial court
shall have jurisdiction in equity to apply said deposit to
the payment of any damages caused by the laying out,
construction and maintenance of said canal, and for all
claims against said company for labor performed or fur-

Capital stock
and shares.

To deposit
$2O0,0U0 in state
treasury as se-
curity for per-
formance of
obligations.

To pay expense
of removal, etc.,
of persons
engaged in con-
striicting canal
in 1880.

568

1883. — Chapter 259.

May issue bonds
not to exceed in
the whole, the
capital stock
actually paid in.

Bonds to be ap-
proved by per-
son appointed
by the corpora-
tion.

Certificate of
railroad cora-
missioneis to be
printed in each
bond.

Mortgages to
be recorded in
registry of deeds
for county of
Barnstable.

nished, and for laud or materials taken or used in the
construction of said canal.

Section 20. Said canal company, by vote of a major-
ity of its stockholders, at a meeting called for the pur-
pose, may issue coupon or registered bonds, to provide
means for funding its floating debt or for the payment of
money borrowed for any lawful purpose, and may mort-
gage or pledge as security for the payment of such bonds
a part or ail of its real and personal property, or fran-
chise. Such bonds may be issued in sums of not less
than one hundred dollars each, payable at periods not ex-
ceeding twenty years from the date thereof, and bearing
interest not exceeding seven per cent, a year, payable
annually or semi-annually, to an amount which, including
that of the bonds previously issued, does not exceed in
all the capital stock of the corporation actually paid in at
the time ; and such bonds shall be recorded by the treas-
urer of said corporation in books to be kept in his otiice.
No bond shall be issued unless approved by some person
appointed by the corporation for that purpose, who shall
certify under oath that the bond is properly issued and
recorded : 2)rovided, however, that no bond shall be issued
until the board of railroad commissioners has issued a
certificate, a copy of which shall be printed in each bond,
that the total amount of bonds issued by said canal com-
pany including the amount of bonds previously issued and
certified to by the board of railroad commissioners, does
not exceed the amount of capital stock actually subscribed
and paid in, and that the total amount of money received
from the subscription to the capital stock of said canal
company to an amount equal to the amount of bonds cer-
tified by said railroad commissioners has all been paid out
in the lawful expenditures of the corporation. In case
any such mortgage is executed to trustees, then all bonds
secured thereby shall also bear the certificate of one or
more of the trustees, that the same are so secured, and
that the morto;ao;e has been delivered to the trustees and
duly recorded. Every such mortgage shall be recorded
in the registry of deeds for the county of Barnstable.
This section shall be subject to the provisions of sections
sixty-two to seventy, inclusive, of chapter one hundred
and twelve of the Public Statutes, so far as the same may
be applicable.

1883. — Chapters 260.

569

Section 21. Said corporation shall pay to the secre- To pay to sec.
tary of the Commonwealth, on receiving tiie certificate of of tiuy 'dollars!
corporation, the snm of fifty dollars; and shall also pay
to the treasurer of the Commonwealth such sum of money
as shall be necessary to pay for the services and expenses
of the board of railroad commissioners for performing the
duties imposed on them under the provisions of this act.

Section 22. The construction of the approaches to canai under
said canal from the present line of high water upon the i" rbol'^aMd land
shores seaward at either end thereof, shall be subject to commisdon-
the provisions of chapter nineteen of the Public Statutes,
and said canal, when completed, shall be under the juris-
diction of the harbor and land commissioners.

Section 23. This act shall take effect upon its passage.

Approved June 26, 1883.

An Act to provide for the removal of wrecks and other C7lCip.2(jO

OBSTRUCTIONS FROM TIDE WATERS.

Be it enacted, etc., as follows:

Section 1. Whenever a Avrecked, sunken or aban- wrecks, etc.,

to be removed

doned vessel, or any unlawful or unauthorized structure [y boa
or thing, is deposited or suffered to be or remain in the
tide waters of this Commonwealth, and in the judgment
of the board of harbor and land commissioners is, or is
liable to cause or become, an obstruction to the safe and
convenient use of such waters for navigation and other
lawful purposes, it shall be the duty of said board, and
said board shall have power, to remove such obstruction,
or to cause the same to be removed, in accordance with
the provisions of this act.

Section 2. If any person resident or being in the
United States is known to said board as the owner of such
vessel, or of any interest therein, or as having or exer-
cising any control over the same as master, agent, insurer,
or otherwise, or, in the case of any other unlawful or un-
authorized obstruction, as having alone or with others
built, deposited or caused the same, or as owning, main-
taining or using the same in whole or in part, said board
shall give notice in writing to such owner or other person
to remove such vessel or other obstruction at or within a
time specified in the notice. It shall be deemed a suffi-
cient notice to all such owners and other persons, if served
upon any one or more of them by said board, or by its
order, by delivering the same in hand, or by leaving it at

harbor and land

coramission-

era.

Notice to be
given to owner
of vessel.

570

1883. — Chapter 260.

If obstruction is
IK it removed
•within the time
specified in the
notice, board
may remove,
etc.

Liability for
cost and ex-
penses of re-
movals.

If expenses are
not paid within
ten days, vessel
may be sold.

the usual plnce of business, residence or abode, or by
duly mailing it to the post-office address, of the owner or
other person on whom such notice is to be served.

Section 3. If such vessel or other obstruction is not
removed at or within the time specified in such notice,
and in a manner and to a place satisfactory to said board,
or if no such owner or other person is known to said
board upon whom such notice can be served, said board
may proceed to remove such vessel or other obstruction,
or to complete the removal thereof, or to cause the same
to be done in such manner and to such place as said board
shall deem best ; and the necessary cost and expenses ot
such removal, if not paid by some owner or other person
liable therefor, shall, when certified by said board and ap-
proved by the governor and council, be paid out of the
treasury of the Commonwealth.

Section 4. The owner of any vessel or of an interest
in any vessel wilfully or maliciously wrecked, sunken or
abandoned as aforesaid and removed as hereinbefore pro-
vided, whether owning at the time such vessel first be-
came an obsti'uction, or at any subsequent time before
such removal is completed, and all persons having or
exercising any control over such vessel or any part
thereof, and, in the case of any other obstruction so re-
moved, the person or persons originally building, deposit-
ing or causing the same, or at the time of such removal,
or at any time prior thereto, owning, maintaining or using
the same in whole or in part, shall be liable to pay the
cost and expenses of such removal, or to repay the same
when paid out of the treasury as aforesaid ; and the same
may be recovered in an action of contract brought by
said board in the name of the Commonwealth against
such owners or other persons, or against any one or more
of them. The attorney-general and the district attorneys
Avithin their respective districts shall commence and con-
duct such suits. All moneys so repaid or recovered shall
be paid into the treasury of the Commonwealth. Any
person who pays, on a judgment or otherwise, more than
his proportional part of the costs and expenses aforesaid,
shall have a claim for contribution against all other parties
liable therefor according to their respective interests.

Section 5. If the cost and expenses of removing a
vessel or other obstruction as aforesaid are not paid or
repaid by some owner or other person liable therefor

1883. — Chapter 260.

571

•within ten days after such removal is completed, said
board of harbor and land commissioners may sell such
vessel or other obstruction, or the materials and appur-
tenances thereof, at public or private sale, and the net
proceeds of such sale shall be paid into the treasury of the
Commonwealth and deducted from the amount to be re-
paid or recovered as provided in the preceding section.

Section 6. No insurer of a vessel, who has paid the
loss thereon, shall, by reason of such insurance, be held
liable to remove such vessel, or to pay the cost and ex-
penses of such removal, under the provisions of this act,
unless such insurer has exercised some act of ownership
or control over such vessel or some part or appurtenance
thereof, or received the proceeds of the sale thereof.

Section 7. A commissioner of wrecks and ship-
wrecked goods shall not be liable to the provisions of this
act, by reason of anything done by him in the discharge
of his office as such commissioner; but he shall, upon
notice and request by said board of harbor and land com-
missioners, retain and apply so much of the property in
his possession appertaining to a wrecked vessel, or of the
proceeds thereof, as may be necessary to provide for the
removal of such vessel so that the same shall not be an
obstruction in tide waters.

Section 8. It shall be the duty of commissioners of
wrecks and shipwrecked goods, and of harbor masters, to
give immediate notice to the board of harbor and land
commissioners of all shipwrecks occurring in the tide
waters of their respective counties and harbors and of any
obstructions existing therein.

Section 9. There shall be allowed and paid out of the
treasury annually a sum not exceeding five thousand dol-
lars, to be expended as may be necessary in carrying out
the provisions of this act.

Section 10. It shall be the duty of said board of
harbor and land commissioners to make application in be-
half of the Commonwealth for the re-imbursement of any
sums expended under this act, which, in the opinion of
said board, might properly be paid by the United States.

Section 11. This act shall take effect upon its passage.

Approved June 28, 1883.

Instiror not
liiible unless
some act of
ownership has
been exercised

Commissioner
of wrecks not
liable for any-
thing done ill
di.-fcharije of his
office.

To give notice
of obstructions.

Allowance for
expenses.

United States to
be applied to
for re-imburse
ment.

572 1883. — Chaptees 261, 262, 263.

C/iQ!p.261 An Act to authorize the town of natick to supply the town

OF WELLESLEY WITH WATEU.

Be it enacted, etc., as follows :
Natick may Bup. SECTION 1. The towii of Natick is authorized to furnish
with water!'^ from its Water supply, to the town of VVellesley, a supply
of water for the use of said town of AVellesley and its
inhabitants for the extinguishment of fires and for domes-
tic purposes, and may contract with said town of Welles-
ley for such supply of water on such terms as may be
agreed upon between said towns.
Not to take SECTION 2. The town of Natick shall not exercise its

Long'^Po^n'd, etc. i"'glit to take watcr from Long Pond, as provided in
chapter one hundred and sixty-seven of the acts of the
year eighteen hundred and forty-six, while it is supplying
the inhabitants of the town of Wellesley with water under
the authority of this act.

Section 3. This act shall take eifect upon its passage.

Approved Jane 28, 1883.

Chap.

262 An Act giving to a wife the right of interment in a burial

LOT or tomb owned BY HER HUSBAND.

Be it enacted, etc., asfolloivs:
Wife entitled to SectionI. A wifc shall bc entitled to a right of in-
buri'aTiotof temieiit for her own body in any burial lot or tomb of
husband. which her husband was seized at any time during cover-

ture, and such right shall be exempt from the laws of
conveyance, descent, and devise : provided, such right
may be released by her in the manner in which she may
release her dower.

Section 2. This act shall take effect upon its passage.

Approved June 28, 1883.

C/itt/?.263 An Act to amend an act relating to the adulteration of

FOOD AND DRUGS.

Be it enacted, etc., as follows:
Enforcement of Section 1. Scction fivc of chapter two hundred and
i^'d'^itera'tion' of sixty-thrcc of the acts of the year eighteen hundred and
milk. eighty-two is hereby amended by striking out the word

"three" in the thirteenth line, and inserting the word
"five" in place thereof: jirovided, hoicever, that two-
fifths of said amount shall be annually expended for the
enforcement of the laws against the adulteration of milk.
Numberof SECTION 2. The boai'd of health, lunacy and charity

prosecutions to ,1, t, ji i • i j i in

be reported to shall report annually to the legislature the number ot

the legislature. i. ./ o

1883. — Chapters 264, 265, 266. 573

prosecutions made under said chapter, and an itemized
account of all money expended in carrying out the pro-
visions thereof.

Section 3. This act shall take effect upon its passage.

Approved June 28, 1883.

An Act relative to the payment by the treasurer of the OhttJ).'2.64:

COMMONWEALTH OF FUNDS RECEIVED FROM PUBLIC ADMINIS-
TRATORS.

Be it enacted, etc., as folloivs :

Section 1. Section eighteen of chapter one hundred Payment by the
and thirty-one of the Public Statutes is hereby amended funds received
by adding the following words : — Such claims may be mh^sfratoMr '
presented to the auditor of the Commonwealth at any
time previous to July tirst, eighteen hundred and eighty-
four, and thereafter within one year from the date of such
payment to the treasurer. The auditor shall examine such
claims and alloAvsuch as maybe proved to his satisfaction,
and forthwith, upon the expiration of said term of one year,
shall certify the same to the governor and council for
payment of the whole of the claims, or such proportional
part thereof as the funds deposited will allow.

Section 2. This act shall take eflect upon its passage.

Approved June 28, 1883.

An Act to authorize the lowell young men's christian Ch(ip.265

ASSOCIATION to hold ADDITIONAL REAL AND PERSONAL ESTATE.

Be it enacted, etc., as folloivs:

Section 1. The Lowell Young Men's Christian Asso- Mayhoidaddi-
ciation, a corporation organized under chapter fourteen peMona^estate.
of the acts of the year eighteen hundred and sixtj^-eight,
is hereby authorized to hold real and personal estate for
the purposes for which said corporation was organized, to
an amount not exceedino: two hundred thousand dollars.

Section 2. This act shall take etfect upon its passage.

Ajyproved June 28, 1883.

An Act to abate a nuisance at the state normal school Chcip.26Q
4T bridgewater.

Beit enacted, etc., as follows:

Section 1. Albert G. Boyden, Theodore F. Wright, commission to

Joshua E. Crane and Francis A. Walker, in the Com- lewerngeff°^

mon wealth of Massachusetts, are hereby appointed a normal school

I , • 1 "* I>ii<3gewater.

commission to take charge oi the sewerage ot the state
normal school at Bridgewater, to devise and carry out

574

1883. — Chapter 267.

To keep record
of their doings,
and render ac-
count of moneys
expended.

Vacancy.

To secure best
results at ex-
pense not ex-
ceeding five
hundred dol-
lars.

Damages.

To perform du-
ties and report
to legislature
■within three
years.

Cha]}.

Superintendent,
to have oliarge
of property,
purchase sup-
plies, etc.

some method for purifying and preventing the sewage
from becoming a nuisance or polhiting the streams of this
Commonwealth, and to perform such other duties as may
be necessary to carry out the provisions of this act.

Section 2. The commissioners may act by a majority
of their members, shall keep a record of all their doings
under this act, and shall render to the governor and
council for their approval a true and accurate account of
all moneys expended. For their personal services the
commissioners shall receive such compensation as the
governor and council may determine. If by death or
other cause there shall be a vacancy in the board of com-
missioners such vacancy shall be tilled by appointment of
the governor and council.

Section 3. The commissioners shall proceed as expe-
ditiously as possible, and may procure such professional
advice, plans or specifications as they may deem neces-
sary to secure the best results at an expense not exceed-
ing five hundred dollars. The commissioners may take
by purchase or otherwise such lands, waters or easements
as may be necessary in their judgment to accomplish the
purposes of this act, and shall award and pay to any and
all persons a just and proper compensation for any lands,
rights or property taken. Any person aggrieved by the
awards of the commissioners as to the amount of damages
sustained may have the damages assessed and determined
in the manner provided by law when land is taken for the
laj'ing out of highways.

Section 4. The commissioners shall perform all their
duties and make a final report of the same to the legisla-
ture within three years from the passage of this act. The
commissioners may draw from the treasury of the Com-
monwealth such sums of money from time to time as may
be necessary to carry on this work, not exceeding in all
five thousand five hundred dollars.

Section 5. This act shall take effect upon its passage.

Appj'oved June 29, 1883.

267 An Act abolishing the office of treasurer and steward of

THE reformatory PRISON FOR WOMEN.

Be it enacted, etc., as follows:

Section 1. The superintendent of the reformatory
prison for women shall in addition to his duties as now
prescribed by law receive and disburse all moneys paid

1883. — Chapter 267.

575

from the treasury of the Commonwealth for the support
of said prison ; shall purchase all supplies and other
articles needed for carrying on and managing the prison ;
shall have charge and custody of all property connected
with or 1)elonging to the same ; and shall cause to be kept
in suitable books, regular and complete accounts of all
the property, expenses, income and business of the prison.
He shall give bond to the Commonwealth for the faithful
discharge of his duties in the sum often thousand dollars
with sureties to be approved by the governor and council,
and no other bond shall be required of him.

Section 2. Said superintendent may employ at such
salary as the governor and council shall approve, but not
exceeding one thousand dollars per year, a steward, who
shall, as the agent of the superintendent, purchase for the
prison such articles as he shall direct, and perform such
other duties as the superintendent shall require. The
appointment of said steward shall be subject to the ap-
proval of the governor and council, but he may be re-
moved by the superintendent, at any time, without their
consent.

Section 3. When the superintendent is absent from
the prison, or unable to perform the duties of his office,
the deputy-superintendent shall have the powers, perform
the duties, and be subject to the obligations and liabilities
of the superintendent.

Section 4. If the oiEce of superintendent becomes
vacant, the commissioners of prisons may require the
deputy-superintendent to assume the duties of superin-
tendent, and to give a bond to the Commonwealth, in the
sum of ten thousand dollars, with sufficient sureties, to be
approved by them, conditioned for the faithful perform-
ance of the duties incumbent on her as deputy-superintend-
ent until a superintendent is appointed, and that she will
faithfully account for all money which shall come into her
hands in such case ; and from the time said l)ond is approved,
the deputy-superintendent shall, so long as she performs
the duties of superintendent, receive the salary of that
officer, in lieu of her salary as deputy-superintendent. If
the deputy-superintendent does not give such bond when
required, the commissioners of prisons may remove her
from office, and appoint a superintendent j^ro tempore, who
shall give such bond, and shall have the power and author-
ity, perform the duties, and receive the salary of the

To give bond.

May employ a
slewaid with
approval of the
governor and
council.

Deputy to per-
form duties iu
absence of su-
perinteudent.

Vacancy in
office of super-
intendent.

Deputy to give
bonds.

Salary.

Superintendent
pro tempore.

576

1883. — Chapters 268, 269.

Office of treas-
urer and stew-
ard abolished.

superintendent, until a superintendent is duly appointed
and enters upon the discharge of the duties of the office.
Section 5. The office of treasurer and steward of the
reformatory prison for women is abolished ; and all the
provisions of sections fifty-four to fifty-eight inclusive of
chapter two hundred and twenty-one of the Public Stat-
utes applicable to the said treasurer and steward shall
hereafter apply to the superintendent. Section sixty of
said chapter is amended by striking out in the eighth,
ninth and tenth lines thereof the words "in the case of
the reformatory prison shall be certified by the treasurer
and stew^ard and approved by the superintendent," and
inserting in place thereof the words "the superintendent
as the case may be."
Repeal. Section 6. So much of chapter two hundred and

twenty-one of the Public Statutes as is inconsistent here-
with is hereby repealed. Approved June 29, 1883.

Chcip.2.(DS An Act to prohibit certain medical societies from confer-
ring DEGREES.

Be it enacted, etc., as follows :

Section 1. No corporation organized for medical pur-
poses under the provisions of chapter one hundred and
fifteen of the Public Statutes shall confer degrees, or
issue diplomas or certificates conferring or purporting to
confer degrees, unless specially authorized by the legisla-
ture so to do.

Section 2. An officer, agent or servant of any corpo-
ration mentioned in section one, or any other person con-
ferring degrees, or signing, issuing or authorizing the
signing or issuing of any diploma or certificate purporting
to confer any degree of medicine or surgery, contrary to
the provisions of this act, shall be punished by fine of not
less than five hundred dollars, nor more than one thousand
dollars. Approved June 30, 1883.

.269 An Act to incorporate the broadway congregational

CHURCH in SOMEKVILLE.

Medical socie-
ties not to con-
fer degrees un-
less specially
authorized.

Penalty.

Chap

Be it enacted, etc. , as folloios :
Corporators. Section 1. Leuiucl Gullivcr, Edward Foote, William

P. Hill, AVilliam H. Hodgkins, and all other members of
the Broadway Congregational Church in Somerville, and
their successors as members of said church, are hereby
made a corporation, with all the powers and privileges,

188:

Chapter 270.

577

Name.

Real and per-
Boual estate.

and subject to all the duties, restrictions and liabilities,
set forth in all general laws which now are or hereafter
may be in force applicable to religious societies.

Section 2. Said corporation shall be called the " Broad-
way Congregational Church."

Seotiox 3. Said corporation may hold real and per-
sonal estate, to an amount not exceeding fifty thousand
dollars, for parochial and religious purposes.

Section 4. This act shall take effect upon its passage.

Ajjproved June 30, 1883.

An Act in further addition to an act making appropria- iyhcij)"^'^

TIONS FOR EXPENSES AUTHORIZED THE PRESENT YEAR, AND FOR
OTHER PURPOSES.

Be it enacted, etc., as folloics :

Section 1. The sums hereinafter mentioned are appro-
priated, to be paid out of the treasury of the Common-
wealth, from the ordinary revenue, for the purposes speci-
fied in certain acts and resolves of the present year, and
for other purposes, to wit : —

For printing additional copies of the thirtieth annual
report of the secretary of the board of agriculture, a sum
not exceeding seventeen hundred dollars, as authorized
by chapter forty-nine of the resolves of the present year.

For perfecting a system of drainage at the Framingham
normal school, a sum not exceeding two thousand dollars,
as authorized by chapter fifty of the resolves of the pres-
ent year.

For printing one hundred copies of volume two of the
provincial laws, two hundred and fifty dollars, as author-
ized by chapter fifty-one of the resolves of the present
year.

For the trustees of the state lunatic hospital at Dan-
vers, ten thousand dollars, as authorized by chapter fifty-
two of the resolves of the present year.

For the salary of the judge of probate and insolvency
for the county of Essex, five hundred dollars, in addition
to the amount heretofore appropriated, as authorized by
chapter two hundred and forty-four of the acts of the
present year.

For the compensation and mileage of senators, one hun-
dred and fifty dollars, in accordance Avith an order of the
senate adopted June twentieth, eighteen hundred and
eighty-three.

Appropriations.

Agricultural re-
port.

Normal school
at Framingham.

Provincial laws.

Lunatic hos-
pital, Danvers.

Judge of pro-
bate, Essex.

Senators.

578

1883. — Chapter 270.

Moneys in
hands of rc-
ceiveis of cer-
tain insolvent
corporations.

Funds received
from public ad-
ministrators.

Entertainment
of guests.

John M. Galvin.

Obstructions in
tide-waters.

Normal school,
Bridgewater.

State house.

Way estate.

Expenses of
committees.

To provide for the payment of unclaimed moneys in the
hands of the receivers of certain insolvent corporations,
after the same has l)een deposited in the state treasury, the
sum of fourteen thousand dollars, and for expenses in
connection therewith, a sum not exceeding eight hundred
dollars, in accordance with chapter two hundred and fifty-
eight of the acts of the present year.

To carry out tiie provisions of the act relative to the
payment, by the treasurer of the Commonwealth, of fluids
received from public administrators, the sum of four
thousand dolUirs.

To provide for the reception and entertainment of dis-
tinguished guests, six thousand dollars, in accordance with
chapter fifty-four of the resolves of the present year.

For John M. Galvin, for work done on the Hoosac
Tunnel, four thousand eight hundred and thirty-six doHars
and fifty-one cents, in accordance with chapter fifty-three
of the resolves of the present year.

To provide for the removal of wrecks and other obstruc-
tions from tide-waters, a sum not exceeding five thousand
dollars, in accordance with an act passed the present
year.

For expenses in connection with abating a nuisance at
the state normal school at Bridgewater, a sum not exceed-
ing five thousand five hundred dollars, in accordance with
an act passed the present j^ear.

For repairs, improvements and furniture at the state
house, nine thousand five hundred and fifty dollars, in
accordance with a resolve passed the present year.

For the payment of any expenses incurred in the taking
of the Way estate, so called, as authorized by chapter
two hundred and sixty-two of the acts of the year eighteen
hundred and eighty-two, a sum not exceeding one hundred
and thirty thousand dollars; and for fitting up the build-
ing for use, and the removal of any department of the
Commonwealth thereto, a sum not exceeding twenty
thousand dollars.

For expenses of legislative committees of the present
year, a sum not exceeding fifteen thousand dollars, in
addition to the amount heretofore appropriated, which
may be held applicable to pay for compensation and
expenses of any committees authorized to sit during the
recess.

1883. — Chapter 271.

579

Contract be-
tween Common-
wealth and

For the compensation of the doorkeepers, messenpjers Door.iseepers,

T /.,. ,1'ij i !• mesaengers, etc

and pages of the present legislature, a sum not exceednig
five thousand dollars, in addition to the amount heretofore
appropriated.

For conchiding any contract between the Common-
wealth and the corporation established as the Troy and
Greenfield Railroad Company, as authorized by chapter o'eenTew
forty-eight of the resolves of the present year, any sum p^^n'7''*^ °*""
remaining in the treasury and not otherwise appropriated
may be used nuder the direction of the governor and
council.

Section 2. This act shall take effect upon its passage.

Approved Jane 30, 1883.

An Act in addition to "An Act making appbopmations for O/dttJ?.^*!

EXPENSES authorized TUE PRESENT YEAR, AND FOR OTHER
PURPOSES."

Be it enacted, etc., as folloivs:

For painting and other repairs on the buildings of the
state almshouse at Tewksbury, a sum not exceeding
thirty-five hundred dollars, as authorized by chapter
thirty-seven of the resolves of the present year.

For providing for the better protection of the reforma-
tory prison for women against fire, a sum not exceeding
ten thousand dollars, as authorized by chapter thirty-nine
of the resolves of the present year.

For the Gettysburg battlefield memorial association,
five thousand dollars, as authorized by chapter forty-two
of t'le acts of the present year.

For the construction of six double tenement houses,
coal sheds, and for repairs at the state prison at Concord,
a sum not exceeding twenty-eight thousand dollars, as
authorized by chapter forty-three of the resolves of the
present year.

For the town of North Brookfield, three hundred and
fourteen dollars and sixty-five cents, as authorized by
chapter forty-four of the resolves of the present year.

For the Massachusetts agricultural college, for the pur-
pose of providing eighty free scholarships, ten thousand

Appropriations.

State alms-
house.

Reformatory
prison for
women.

Gettysburg
memorial asso
ciation.

State prison.

North Brook-
field.

Agricultural
college.

580

1883. — Chapter 271.

Treasurer's

clerk.

Secretary of
board of agricul-
ture.

Sewage of state
prison.

Arsenal at
Cambridge.

"Blue book"
printing and
binding.

Legislative
printing and
binding.

Bounty for
sugar beets, etc.

State house.

Prison and hos-
pital loan sluic-
ing fund.

dollars, as authorized by chapter forty-six of the resolves
of the present year.

For the salary of a fund clerk in the office of the
treasurer and receiver-general, eight hundred dollars, as
authorized by chapter one hundred and sixty-four of the
acts of the present year.

For the salary of the secretary of the board of agricul-
ture, three hundred and thirteen dolhirs and seventeen
cents, as authorized by chapter one hundred and eighty-
four of the acts of the present year, in addition to the
amount heretofore appropriated.

For the disposal of the sewage of the state prison at
Concord, a sum not exceeding live thousand dollars, as
authorized by chapter one hundred and sixty-seven of the
acts of the present year.

For expenses in connection with proposed sale of the
state arsenal at Cambridge, two hundred and ten dollars
and six cents.

For printing and binding the "blue book" edition of
the acts and resolves of the present year, with the gov-
ernor's message and other matters in the usual form, a
sum not exceeding two thousand dollars, in addition to
the amount heretofore appropriated.

For printing and binding ordered by the senate and
house of representatives, or by concurrent order of the
two branches, a sum not exceeding five thousand dollars,
in addition to the amount heretofore appropriated.

For granting a bounty for the production of sugar beets
or sorghum cane for the purpose of manufacturing sugar,
a sum not exceeding ten thousand dollars, as authorized
by chapter one hundred and eighty-nine of the acts of the
present year.

For repairs, improvements and furniture at the state
house, a sum not exceeding fifteen hundred dollars, in
addition to the amount heretofore appropriated.

To make good the deficit of the income of the prison and
hospital loan sinking fund, in accordance with the provi-
sions of section three of chapter three hundred and ninety-
one of the acts of the year eighteen hundred and seventy-
four, the sum of one hundred thousand dollars.

Section 2. This act shall take effect upon its passage.

\_The foregoing was laid before the Governor on the twenty-
sixth clay of June, 1883, and after Jive days it had the '•'•force
of a law" as prescribed by the Constitution, as it was not returned
hy him with his objections within that time.'\

1883. — Chapter 272.

581

An Act to apportion and assess a state tax of one million \jh(X'p.2ii Z

FIVE HUNDRED THOUSAND DOLLARS.

£e it enacted, etc., as follows:

Section 1. Each city and town iu this Commonwealth state tax of

-I 1 •iUl'l $1,500,000.

shall be assessed, and pay the several sums witn which
they stand respectively charged in the following schedule,
that is to say : —

Barnstable,
Brewster, .
Chatham, .
Dennis,
Eastham, .
Falmouth, .
Harwich, .
Mashpee, .
Orleans, .
Provlncetown,
Sandwich, .
Truro,
Wellfleet, .
Yarmouth,

BARNSTABLE COUNTY.

Twenty-seven hundred and seventy
five dollars, ....

Nine hundred and seventy-five dol
lars

Six hundred and seventy-five dol
lars,

Twelve hundred and fifteen dollars

Two hundred and ten dollars,

Three thousand and sixty dollars,

Nine hundred and fifteen dollars.

Ninety dollars,

Five hundred and ten dollars,

Seventeen hundred and twenty-five

dollai's, ....

Fifteen hundred and ninety dollars

Two hundred and forty dollars.

Eight hundred and ten dollars.

Thirteen hundred and thirty-five
dollars,

BERKSHIRE COUNTY.

Barnstable
County.

$2,775 00

975 00

675 00
1,215 00

210 00

3,060 00

915 GO

90 00

510 00

1,725 00
1,590 00

240 00

810 00

1,335 00

,125 00

Adams,

Twenty-six hundred and seventy

dollars,

$2,670 00

Alford, ,

Two hundred and twenty-five dol-

lars,

225 00

Becket,

Three hundred and forty-five dol-

lars,

345 00

Cheshire, .

Six hundred and seventy-five dol-

lars,

675 00

Clarksburg,

One hundred and eighty dollars, .

180 00

Berkshire
County.

582

Berkshire
County.

1883. — Chapter 272.

BERKSHIRE COUNTY — Concluded.

Dalton, .

Egremont,

Florida, .

Great Barrington,

Hancock,

Hinsdale,

Lanesborough,

Lee,

Lenox, .

Monterey,

Mount Washington

New Ashford,

New Marlborough

North Adams,

Otis,

Peru,

Pittsfield,

Richmond,

Sandisfield,

Savoy, .

Sheffield,

Stockbridge,

Tyringhara,

Washington,

West Stockbridge

Williamstown,

Windsor,

Thirteen hundred and sixty-five
dolhirs,

Three hundred and seventy-five
dollars,

One hundred and thirty-five dol-
lars,

Twenty-four hundred and thirty
dollars,

Three hundred and sixty dollars,

Six hundred and seventy-five

dollars, ....
Five hundred and ten dollars.

Seventeen hundred and twenty

five dollars,
Twelve hundred and fifteen dol

lars, ....

Two hundred and twenty-five

dollars, ....
Sixty dollars,

Seventy-five dollars, .

Six hundred dollars, .

Forty-two hundred and thirty

dollars, ....
Two hundred and ten dollars.

One hundred and twenty dollars.

Seventy-three hundred and five

dollars,

Four hundred and five dollars, .

Three hundred and forty-five dol-

lai-s,

One hundred and eighty dollars.

Eight hundred and seventy dol-
lars,

Twentj'-two hundred and ninety-
five dollars, ....

Two hundred and ten dollars, .

One hundred and eighty dollars.

Six hundred and seventy-five dol-
lars,

Fourteen hundred and ten dol-
lars,

One hundred and ninety-five dol-
lars,

M,365 00

;575 00

135 00

2,430 00
360 00

675 00
510 00

1,725 00

1,215 00

225 00
60 00

75 00

600 00

4,230 00
210 00

120 00

7,305 00
405 00

345 00
180 00

870 00

2,295 00
210 00

180 00

675 00

1,410 00

195 00

32,475 00

Acushuet, .
Attleborough,
Berkley, .
Dai'tmonth,
Dighton, ,
Easton,
Fairhaven,
Fall River,
Freetown, .
Mansfield, .
New Bedford,
Norton,
Ra3'nham, .
Rehoboth, .
Seekonk, .
Somerset, .
Swanzey, .
Taunton, .
Westport, .

1883. — Chapter 272.
bristol county.

Five hundred and seventy dollars, .

Forty-six hundred and sixty-five

dollars, ....

Three hundred and ninety dollars

Nineteen hundred and five dollars

Six hundred and ninety dollars.

Thirty-three hundred and ninety
dollars, ....

Thirteen hundred and ninet3"-five
dollars, ....

Thirty-six thousand and thirty dol-
lars,

Seven hundred and fifty dollars,

Ten hundred and thirty-five dollars

Twenty-five thousand seven hun-
dred and seventy dollars, .

Seven hundred and thirty-five dol-
lars,

Eight hundred and seventy dollars

Six hundred and sixty dollars,

Six hundred dollars,

Ten hundred and thirty-five dollars

Six hundred and ninety dollars,

Fourteen thousand two hundred

and thirty-five dollars.
Twelve hundred and fifteen dollars

DUKES COUNTY.

583

Bristol County.

$570 00

4,665
390

00
00

1,905

690

3,390

1,395 00

36,030
750

1,035 00

25,770 00

735 00
870 00

660 00

600 00

1,035 00

690 00

14,235 00
1,215 00

$96,630 00

Dukes County.

Chilmark, .

Two hundred and twenty-five dol-

lars,

$225 00

Cottage City, .

Nine hundred and seventy-five dol-

lars,

975 00

Edgartown,

Seven hundred and thirty-five dol-

lar?,

735 00

Gay Head,

Fifteen dollars, ....

15 00

Gosnold, .

One hundred and sixty-five dollars.

165 00

Tisbury, ,

Six hundred and fifteen dollars.

615 00

$2,730 00

584

Essex County.

1883. — Chapter 272.
essex county.

Amesbury,

Andover,

Beverly,

Boxford,

Bradford,

Danvers,

Essex,

Georgetown,

Gloucester,

Groveland,

Hamilton,

Haverhill,

Ipswich,

Lawrence,

Lynn,

Lynnfield,

Manchester,

Marblehead,

Merrimac, .

Methuen, .

Middleton,

Nahant,

Newbury, .

Newburyport,

North Andover,

Peabody, .

Rockport, .

Rowley,

Fourteen hundred and ten dollars, . $1,410 00

Forty-one hundred and forty dollars, 4,140 00

Eighty-three hundred and fifty-five

dollars, 8,355 00

Five hundred and fifty-five dollars, 555 00

Eleven hundred and seventy dollars, 1,170 00

Thirty-two hundred and ten dollars, 3,210 00

Eight hundred and twenty-five dol-
lars, 825 00

Nine hundred dollars, ... 900 00

Eighty-three hundred and seventy

dollars, 8,.370 00

Seven hundred and eighty dollars, 780 00

Five hundred and fifty-five dollars, 655 00

Ten thousand one hundred and

seventy dollars, .... 10,170 00
Seventeen hundred and eighty-five

dollars, 1,785 00

Twenty-two thousand five hundred

and seventy-five dollars, . . 22,575 00
Twenty-one thousand five hundred

and ten dollars, .... 21,510 00

Four hundred and eighty dollars, . 480 00

Three thousand and ninety dollars, 3,090 00

Thirty-four hundred and fifty dol-
lars, 3,450 00

Ten hundred and thirty-five dollars, 1,035 00

Twenty-three hundred and seventy

dollars, 2,370 00

Four hundred and fifty dollars, . 450 00

Five thousand one hundred and

seventy-five dollars, . . . 5,175 00

Eight hundred and eighty-five dol-
lars, 885 00

Seven thousand and eighty dollars, 7,080 00

Twenty-two hundred and five dol-
lars, 2,205 00

Six thousand and thirty dollars, . 6,030 00

Seventeen hundred and eighty-five

dollars, 1,785 00

Four hundred and eighty dollars, , 480 00

1883. — Chapter 272.

ESSEX COUNTY — Concluded.

585

Essex County.

Salem,
Salisbury, .
Saugus,
Swampscott,
Topsfield, .
Wenham, .
West Newbury,

Ashfield,
Bernardston,
Buckland, .
Chai'lemont,
Colrain,
Conway,
Deerfield, .
Erving,
Gill, .
Greenfield,
Hawley,
Healh,
Leverett, .
Ley den,
Monroe,
Montague, .
New Salem,
Northfield, .

Twenty-two thousand nine hun-
dred and ninety-five dollars,

Nineteen hundred and thirty-five
dollars,

Eleven hundred and seventy dollars.

Thirty-two hundretl and ten dollars,
Six hundred and sixty dollars,
Four hundred and sixty-five dollars,
Nine hundred and ninety dollars, .

FRANKLIN COUNTY.

Four hundred and five dollars,
Three hundred and ninety dollars
Four hundred and eighty dollars.
Three hundred dollars, .
Five hundred and seventy dollars.
Six hundred and forty-five dollars

Eleven hundred and twenty-five

dollars, ....

Two hundred and eighty-five dol

lars,

Three hundred and seventy-five

dollars, ....

Twenty-seven hundred and ninety

dollars, ....

One hundred and fifty dollars,

One hundred and sixty-five dollars

Two hundred and forty dollars.

One hundred and eighty dollai-s.

Thirty dollars.

Twenty-four hundred and thirty
dollars, ....

Two hundi-ed and eighty-five dol
lars,

Six hundred and fifteen dollars.

$22,995 00

1.935

1,170

3.210 00

660

465

990

$162,250 00

Franklin
County.

$405 00

390 00

480 00

300 00

570 00

645 00

1,125 00

285 00

375 00

2,790 00
150 00

165 00

240 00

180 00

30 00

2,430 00

285 00
615 00

586

Franklin
County.

1883. — Chapter 272.

FRANKLIN COUNTY — Concluded.

Hampden
County.

Orange,
Rowe,

Fifteen hundred and forty-five dol-
lars,

One hundred and fifty dollars.

$1,545 00
150 00

Shelburne, .

Seven hundred and fifty dollars,

750 00

Shutesbury,

One hundred and thirty-five dollars,

135 00

Sunderland,

Three hundred and sixty dollars, .

3G0 00

Warwick, .

Two hundred and seventy dollars, .

270 00

Wendell, .

One hundred and sixty-five dollars.

165 00

Whately, .

Three hundred and ninety dollars,

390 00

$15,-225 00

Agawam, .

Blandford, .

Brimfield, .

Chester,

Chicopee, .

Granville, .

Hampden, .

Holland,

Holyoke, .

Longmeadow,

Ludlow,

Monson,

Montgomery,

Palmer,

Russell,

Southwick,

Springfield,

HAMPDEN COUNTY.

Eleven hundred and ten dollars.

Three hundred and fifteen dollars.

Four hundred and fifty dollars,

Four hundred and fifty dollars.

Forty-six hundred and eighty dol

lars,

Three hundred and thirty dollars,

Three hundred and ninety dollars,

One hundred and five dollars.

Eleven thousand seven hundred and

forty-five dollars.
Ten hundred and five dollars.

Six hundi'ed and sixty dollars.

Fourteen hundi'ed and twenty-five

dollars,

One hundred and twenty dollars, .

Twenty-one hundred and thirty
dollars,

Three hundred and seventy-five
dollars,

Five hundred and twenty-five dol-
lars,

Thirty-one thousand, four hundred
and twenty-five dollars.

$1,110 00
815 00
450 00
450 00

4,680 00
330 00

390 00

105 00

11,745 00
1,005 00

660 00

1,425

120

00
00

2,130 00

375

525

31,425

1883. — Chapter 272.

HAMPDEX COUNTY — Concluded.

58"

Hampden

Couuty.

Tolland, .
Wales,
Westfield, .
West Springfield,
Wilbraham,

One hundred and sixty-five dollars.

Three hundred and thirty dollars, .

Fifty-four hundred dollars,

Twenty-seven hundred and ninety
dollars, . . . . .

Six hundred and thirty dollars,

HAMPSHIRE COUNTY.

$165 00

330 00

5,400 00

2,790 00
630 00

36,555 00

Amherst, .
Belchertown,

Twent3'-two hundred and sixty-five

dollars,

Nine hundred and fifteen dollars, .

$2,265 00
915 00

Chesterfield,

Two hundred and seventy dollars, .

270 00

Cummington,

Three hundred and fifteen dollars.

315 00

Easthampton, .

Twenty-one hundred dollars, .

2,100 00

Enfield,

Six hundred and forty-five dollars.

645 00

Goshen,

One hundred and five dollars.

105 00

Granby,

Three hundred and ninety dollars, .

390 00

Greenwich,

Two hundred and forty dollars,

240 00

Hadley,

Ten hundred and thirty-five dollars.

1,035 00

Hatfield, .

Nine hundred dollars.

900 00

Huntington,
Middlefield,
Northampton, .

Four hundred and thirty-five dol-
lars,

Two hundred and eighty-five dol-
lars,

Seven thousand and eighty dollars.

435 00

285 00
7,080 GO

Pelham,

One hundred and fifty dollars,

150 00

Plainfield, .

One hundred and fifty dollars,

150 00

Prescott,

One hundred and sixty-five dollars,

165 00

South Hadley, .
Southampton, .

Sixteen hundred and sixty-five dol-
lars,

Four hundred and fifty dollars,

1,665 00
450 00

Ware, .

Nineteen hundred and eighty dol-
lars,

1,980 00

Hampshire
County.

588

Hampshire

<'ouiity.

Mifidlesfx
County.

1883. — Chapter 272.

HAMPSHIRE COUNTY — Concluded.

Westhampton, .

Two hundred and forty dollars,

$240 CO

Williamsburg, .

Eight hundred and fifty-five dollars,

855 00

Worthington,

Two hundred and eighty-five dol-
lars

285 00

$22,920 00

MIDDLESEX COUNTY.

Acton,

Eleven hundred and ten dollai'S, .

$1,110 00

Arlington, .

Forty-three hundred and thirty-five

dollars,

4,335 00

Ashby,

Four hundred and thirty-five dol-

lars, ......

435 00

Ashland, ,

Eleven hundred and eighty-five dol-

lars

1,185 00

Ayer, .

Nine hundred and thirty dollars, .

930 00

Bedford,

Six hundred and sixty dollars,

660 00

Belmont, .

Twenty-six hundred and forty dol-

lars,

2,640 00

Billerica, .

Sixteen hundred and twenty dollars,

1,620 00

Boxborough,

Two hundred and twenty-five dol-

lars

225 00

Burlington,

Four hundred and twenty dollars.

420 UO

Cambridge,

Forty-four thousand eight hundred

and thirty-five dollars,

44,835 00

Cai'lisle,

Three hundred and thirty dollars, .

330 00

Chelmsford,

Fourteen hundred and fifty-five dol-

lars,

1,455 00

Concord, .

Twenty-eight hundred and ninet)'-

five dolhirs .....

2,895 00

Dracut,

Nine hundred and ninety dollars, .

990 00

Dunstable,

Two hundred and seventy dollars, .

270 00

Everett,

Thirty-nine hundred and seventy-

five dollars ....

3,975 00

Framingham,

Forty-eight hundred and ninety dol-

lars,

4890 00

Groton,

Twenty-six hundred and seventy

dollars,

2,670 00

Holliston, .
Hopkinton, .

Filteen hundred dollars, .

Two thousand and twenty-five dol-

1,500 00

lars,

2,025 00

Hudson,

Sixteen hundred and ninety-five

dollars,

1,695 00

1883. — Chapter 272.

MIDDLESEX COUNTY — Continued.

589

Middlesex
County.

Lexington, .

Twenty-one hundred and seventy-

five dollars, .....

$■2,175 00

Lincoln,

Eleven hundred and forty dollars, .

1,140 00

Littleton, .

Six hundred and sixty dollars.

660 00

Lowell,

Forty-one thousand five hundred

and sixty-five dollars, .

41,565 00

Maiden,

Nine thousand six hundred and

ninety dollars, ....

9,690 00

Marlborough,

Three thousand four hundred and

ninety-five dollai's.

3,495 00

Maynard, .

Fourteen hundred and twenty-five

dollars,

1,425 00

Medford, .

Seven thousand and twenty dollars,

7,020 00

Melrose,

Thirty-three hundred and thirty

dolhirs, .....

3,330 00

Natick,

Thirty-nine hundred and ninety

dollars,

3,990 00

Newton,

Twenty-four thousand one hun-

dred and thirty-five dollars,

24,135 00

North Reading, .

Four hundred and thirty-five dol-

lars

435 00

Pepperell, .

Thirteen hundred and sixty-five

dollars,

1,365 00

Reading, .

Two thousand and fifty-five dollars.

2,055 00

Sherborn, .

Seven hundred and thirty-five dol-

lars,

735 00

Shirley,

Six hundi-ed and forty-five dollars.

645 00

Somerville,

Nineteen thousand seven hundred

and twenty- five dollars,

19,725 00

Stoneham, .

Twenty-six hundred and twenty-

five dollars,

2,625 00

Stow, .

Eight hundred and ten dollars.

810 00

Sudbury, .

Nine hundred and fifteen dollars, .

916 00

Tewksbury,

Nine hundred and ninety dollars, .

990 00

Townsend, .

Nine hundred and seventy -five dol-

lars,

975 00

Tyngsborough, .

Three hundred and thirty dollars, .

330 00

Wakefield, .

Thirty-two hundred and ten dol-

lars,

3,210 00

Waltham, .

Eighty-four hundred and sixty dol-

lars, ......

8,460 00

Wateitown,

Sixty-six hundred and seventy-five

dollars,

6,675 00

Wayland, .

Ten hundred and eighty dollars, .

1,080 00

Westford, .

Nine hundred and seventy-five dol-

lars,

976 00

590

Middlesex
County.

1883. — Chapter 272.

MIDDLESEX COUNTY — Concluded.

Weston,
Wilmington,
Winchester,
Woburn,

Eighteen hundred and sixty dol-
lars,

Four hundred and ninety-five dol-
lars, ......

Thirty-three hundred dollars.

Seventy-two hundred dollars,

$1,860 00

49.5 00
3,3U0 00

7,200 00

144,575 00

Nantucket

County.

Nantucket,

NANTUCKET COUNTY.

Twenty-two hundred and ninety-
five dollars,

$2,295 00

Norfolk
County.

NORFOLK COUNTY.

Bellingham

Braintree,

Brookline,

Canton,

Cohasset,

Dedham,

Dover,

Foxborough

Franklin,

Hoi brook,

Hyde Park,

Medfield,

Medway,

Milton,

Needham,

Norfolk,

Norwood,

Five hundred and ten dollars,

Twenty-seven hundred and ninety

dollars, ....

Twenty-three thousand four hun

dred and forty-five dollars, .
Twenty-eight hundred and thirty

five dollars, ....
Twenty-seven hundred and fifteen

dollars, ....

Forty-eight hundred and ninety

dollars, ....

Four hundred and five dollars.

Thirteen hundred anil tliirty-five

dollars,. ....
Sixteen hundred and thirty-five dol

lars, .....
Twelve hundred and seventy-five

dollars, ....

Four thousand and sixty-five dol

lars,

Ten hundred and twenty dollai-s.

Fourteen hundred and eighty-five
dollars, ....

Ninety-eight hundred and eighty'
five dollars, . .

Fifteen hundred aud fifteen dollars.

Three hundred and forty-five dol-
lars,

Sixteen hundred and sixty-five dol-
lars,

$510 00

2,790 00

23,445

2,835

2,715

4,890
405

00
00

1,335

1,635

1,275

4,065
1,020

00
00

1,485 00

9,885 00
1,515 00

345 00
1,665 00

1883. — Chapter 272.

NORFOLK COUNTY — Concluded.

591

Qnincy,

Sixty-seven hundred and fifty dol-

lars, . . . . . .

$6,7.50 00

Randolph, .

Twenty-one hundred and seventy-

five dollars, .....

2,175 00

Sharon,

Nine hundred and seventy-five dol-

lars,

975 00

Stoughton, .

Nineteen hundred and fifty dollars.

1,950 00

Walpole, .

Twelve hundred and thirty dollars.

1,230 00

Wellesley, .

Twenty-nine hundred and ten dol-

lars

2,910 00

Weymouth,

Firtj--four hundred and ninety dol-

lars

5,490 00

Wrentham,

Eleven hundred and fifty-five dol-

lars,

1,155 00

$84,450 00

PLYMOUTH COUNTY.

Abington, .

Sixteen hundred and sixty-five dol-

lars,

$1,665 00

Bridgewater,

Two thousand and seventy dollars,

2,070 GO

Brockton, .

Seventy-eight hundred dollars,

7,800 00

Carver,

Five hundred and ten dollars.

510 00

Duxbury, .

Eleven hundred and ten dollars, .

1,110 00

E. Bridgewater,

Thirteen hundred and ninety-five

dollars,

1,395 00

Halifax,

Two hundred and twenty-five dol-

lars,

225 00

Hanover, .

Ten hundred and sixty-five dollars,

1,065 00

Hanson,

Five hundred and ten dollars.

510 00

Hingham, .

Thirty-one hundred and eighty dol-

lars,

3,180 00

Hull, .

Twelve hundred and forty-five dol-

lars, ......

1,245 00

Kingston, .

Sixteen hundred and sixty-five dol-

O '

lars,

1,665 00

Lakeville, .

Four hundred and thirty-five dol-

lars

435 00

Marion,

Seven hundred and twenty dollars.

720 00

Marshfield,

Nine hundred and seventy-five dol-

lars,

975 00

Mattapoisett,

Eleven hundred and eighty-five dol-

lars, . . . ...

1,185 00

Middleborougb,

Twenty-six hundred and ten dol-

lars,

2,610 00

Norfolk
County.

Plymouth
County.

592

Plymouth
County.

1883. — Chapter 272.

PLYMOUTH COUNTY— Concluded

Pembroke, .
Plymouth, .
Plympton, .
Rochester, .
Rockland, .
Scituate,
South Abington,
South Scituate, .
Wareham, .
W. Bridgewater,

Six hundred dollars.

Forty-two hundred and fifteen dol

lars, .....
Two hundred and seventy dollars,

Four hundred and twenty dollars,

Two thousand and ten dollars.

Eleven hundred and seventy dol-
lars,

Nineteen hundred and fifty dollars.

One thousand and five dollars

Ten hundred and eighty dollars.

Eight hundred and forty dollars.

$600 00

4,215 00

270 00

420 00
2,010 00

1,170 00
1,950 00

1,005 00

1,080 00

810 00

$41,925 00

Suftolk County.

SUFFOLK COUNTY.

Boston,

Five hundred and seventy-eight

thousand and fiftj^-five dollars, .

$578,055 00

Chelsea,

Fourteen thousand four hundred

and forty-five dollars, .

14,445 00

Revere,

Twenty-one hundred and sixty dol-

lars,

2,160 00

Winthrop, .

Thirteen hundred and eighty dol-

lars,

1,380 00

$596,040 00

Worcester
County.

WORCESTER COUNTY.

Ashburnham,

Athol,

Auburn,

Barre,

Berlin,

Blackstone,

Bolton,

Boylston, .

Eight hundred and fifty-five dol-
lars f855 00

Twenty-one hundred dollars, . 2,100 00

Four hundred and thirty-five dol-
lars, 435 00

Thirteen hundred and twenty dol-
lars, 1,320 00

Four hundred and thirty-five dol-
lars, ; 435 00

Eighteen hundred and forty-five '

dollars 1,845 00

Four hundred and fifty dollai's, . 450 00

Four hundred and thirty-five dol-
lars 435 00

1883.— Chapter 272.

593

RCESTER COUNTY — Continued.

Worceste
^ County.

Bi'ookfield, .

Eleven hundred and fifty-five dol-

lars,

$1,155

Charlton, .

Nine hundred and thirty dollars, .

930

Clinton,

Forty-four hundred and twenty-five

dollars, .....

4,425

Dana,

Two hundred and forty dollars.

240

Douglas, .

Nine hundred and thirty dollars, .

930

Dudley,

Eight hundred and forty dollars, .

840

Fitchburg, .

Ninety-five hundred and forty dol-

lars,

9,540

Gardner,

Twenty-four hundred and fifteen

dollars, ......

2,415

Grafton,

Eighteen hundred and sixty dol-

lars,

1,860

Hardwick, .

Ten hundred and thirty-five dol-

lars,

1,035

Harvard, .

Eight hundred and twenty -five dol-

lars,

825 GO

Holden, .

Nine hundred dollars.

900

Hubbardston,

Six hundred and seventy-five dol-

lars, ......

675

Lancaster, .

Twenty-two hundred and fifty dol-

lars,

2,250 00

Leicester, .

Fifteen hundred and seventy-five

dollars,

1,575

Leominster,

Thirty-four hundred and twenty dol-

dollars,

3,420 00

Lunenburg,

Six hundred and thirty dollars,

630 00

Mendon,

Five hundred and forty dollars.

640 00

Milford, .

Forty-seven hundred and forty dol-

lars,

4,740

Millbury, .

Eighteen hundred and ninety dol-

lars,

1,890

New Braintree, .

Four hundred and five dollars,

405

Northborough, .

Nine hundred and ninety dollars, .

990 00

Northbridge,

Twenty-three hundred and forty dol-

lars,

2,340

North Brookfield,

Seventeen hundred and twenty-five

dollars,

1,725

Oakham,

Three hundred and fifteen dollars, .

315

Oxford,

Twelve hundred and forty-five dol-

lars,

1,245

Paxton,

Two hundred and forty dollars,

240

Petersham,

Five hundred and forty dollars,

540 00

594

WorecstH-
Ctiuiity.

1883. — Chapter 272.

WORCESTER COUNTY — Concluded.

Phillipston,

Two hundred and fifty-five dollars.

f255 00

Princeton, .

Seven hundred and sixty-five dol-

lars,

765 00

Royalston, .

Seven hundred and five dollars,

705 DO

Rutland, .

Four hundred and twenty dollars, .

420 00

Shrewsbury,

Nine hundred dollars,

900 00

Southborough, .

Eleven hundred and eighty-five dol-

lars,

1,185 00

Southbridge,

Twenty-eight hundred and twenty

dollars,

2,820 00

Spencer, .

Three thousand and ninety dollars, .

3,090 00

Sterling, .

Eight hundred and ten dollars,

810 00

Sturbridge,

Nine hundred and thirty dollars, .

930 00

Sutton,

Twelve hundred dollars,

1,200 00

Templeton,

Ten hundred and ninety-five dol-

lars,

1,095 00

Upton,

Seven hundred and fifty dollars.

750 00

Uxbridge, .

Eighteen hundred and fifteen dol-

lars, ......

1,815 00

Warren,

Nineteen hundred and thirty-five

dollars,

1,935 00

Webster, .

Twenty-one hundred and forty-five

dollars,

2,145 00

Westborough, .

Twenty-three hundred and forty

dollars,

2,340 00

West Boylston, .

Ten hundred and thirty-five dol-

lars,

1,035 00

West Brookfield,

Seven hundred and sixty-five dol-

lars,

765 00

Westminster,

Seven hundred and twenty dollars, .

720 00

Winchendon,

Sixteen hundred and ninety-five

dollars,

1,695 00

Worcester, .

Forty-one thousand nine hundred

and forty dollars,

41,940 00

$125,805 00

1883. — Chapter 272.
recapitulation.

595

Rocnpitulation
by counties.

Barnstable County,
Berkshire County, .
Bristol County,
Dukes County,

Essex County,

Franklin County, .
Hampden County, .
Hampshire County,
Middlesex County, .

Nantucket County,
Norfolk County,
Plymouth County, .
Suffolk County, .
Worcester County,

Sixteen thousand one hundi'ed
and twenty-five dollars, .

Thirty-two thousand lour hun-
dred and seventy-fiYe dollars, .

Ninety-six thousand six hundred
and thirty dollars, .

Twenty-seven hundred and thirty
dollars

One hundred and fifty-two thou-
sand two hundred and tifty dol-
lars,

Fifteen thousand two hundred
and twenty-five dollars, .

Sixty-six thousand five hundred
and fitty-five dollars,

Twenty-two thousand nine hun-
dred and twenty dollars,

Two hundred and fnrty-four
thousand five hundred and
seventy-five dollars,

Two thousand two hundred and
ninety-five dollars, .

Eio:hty-four thousand four hun-
dred and fitly d(jllars,

Forty-one thousand nine hun-
dred and twenty-five dollars, .

Five hundred and ninety-six
thousand and forty dollars.

One hundred and twenty-five
thousand eight hundred and
five dollars, ....

$16,125 00
32,475 00
96,630 00

2,730 00

152,250 00

15,225 00

66,555 00

22,920 00

244,575 00

2,295 GO

84,450 00

41,925 00

596,040 CO

125,805 00

$1,500,000 00

Section 2. The trrasuier of the Commonwealth shall
forthwith send his warrant, directed to the selectmen or
assessors of each city or town taxed as aforesaid, requir-
ing them respectively to assess the sum so charged,
according to the provisions of chapter eleven of the Public
Statutes, and to add the amount of such tax to the amount
of town and county taxes to be assessed by them respec-
tively on each city and town.

Section 3. The treasurer of the Commonwealth in his
warrant shall require the said selectmen or assessors to
pay, or to issue severally their warrant or warrants re-
quiring the treasurers of their several cities or towms to
pay, to the treasui-er of the Commonwealth, on or before
the tenth day of December in the year eighteen hundred

Treasurer of
the Common-
wealth to issue
warrants.

To require
selectmen or
assessors to
issue warrants
to city or town
treasurers.

596

1883. — Chapter 273.

and eighty-three, the sums set against said cities and
towns in the schedule aforesaid ; and the selectmen or
assessors respectively shall return a certificate of the
names of the treasurers of their several cities and towns
with the sura which each may be required to collect, to
the treasurer of the Commonwealth at some time before
the first day of October in the year eighteen hundred and
eighty-three.
To notify the Skction 4. If the amouut due from any city or town,

de'itnque'iftcitiea as providcd iu this act, is not paid to the treasurer of the
and town. Commonwealth within the time specified, then the said
treasurer shall notify the treasurer of such delinquent city
or town, who shall pay into the treasury of the Common-
Avealth, in addition to the tax, such further sum as would
be equal to one per centum per month during such delin-
quency, from and after the tenth day of December in the
year eighteen hundred and eighty-three ; and if the same
remains unpaid after the first day of January in the year
eighteen hundred and eighty-four, an information may be
filed by the treasurer of the Commonwealth in the supreme
judicial court or before any justice thereof against such
delinquent city or town ; and upon notice to such city or
town and a summary hearing thereon, a warrant of dis-
tress may issue against such city or town, to enforce the
payment of said taxes under such penalties as said court
or the justice thereof before whom the hearing is had shall
order.

Section 5. This act shall take effect upon its passage.

Approved July 20, 1883.

Warrant of
distress may
issue to enforce
payment.

May renew
water bonds.

Ck(ip.273 An Act authorizing the town of leominster to renew its

WATER BONDS.

Be it enacted, etc., as foUoios:

The town of Leominster is hereby authorized to renew
any of the bonds heretofore issued by virtue of section
four of chapter two hundred and forty-nine of the acts of
the year eighteen hundred and seventy-one : 2^^'ovided,
that in no event shall the time for the payment of the
same or any part thereof l)e extended beyond the period
of thirty years from the fifth day of May in the year
eighteen hundred and seventy-one.

Approved July 20, 1883.

1883. — Chapters 274, 275, 276. 597

An Act to authorize the city of lynn to supply tue occu- Chap.274:

PANTS OF hotel NAUANT WITH WATER.

Be it enacted, etc.. as follows :

Section 1. The city of Lynn is authorized to furnish, suppiyofwatei
from its water supply, to the occ»i pants of the premises oTHotei^Na-
known as Hotel Nahunt, situated in the town of N;ihant, ^^"*^"
a supply of water for the use of said occupants, for the
extinguishment of fires and for domestic purposes.

Section 2. This act shall take effect upon its passage.

Approved July 20, 1883.

Chap.275

An Act to authohize the trustees of the parochial funds
of the central society in worcester, to apply to the
supreme judicial court for leave to convey the church
property.

Be it enacted, etc., as follows:

Section 1. The trustees of the parochial funds of the May apply to

S T C for

Central Society in Worcester, originally incorporated by uave to convey
an act approved on the second day of February in the eny?^^"^"^"
year eighteen hundred and twenty-seven, are hereby
authorized to apply to the supreme judicial court sitting
in equity for leave to convey all its real and personal
estate to the Central Society in Worcester, incorporated
by an act approved on the eighth day of February in the
year eighteen hundred and twenty-five, to hold said prop-
erty, or the proceeds thereof if sold or mortgaged, for the
purpose of maintaining the public worship of God, and
said court, on hearing all parties in interest, may grant
such leave, and make such other decree as justice and
equity shall seem to require.

Section 2. This act shall take eifect upon its passage.

Approved July 26, 1883.

An Act making further appropriations for expenses author- Chctp.27Q
izEi) the present year, and for other purposes.

Be it enacted, etc., as folloivs :

Section 1. The sums hereinafter mentioned are ap- Appropriations,
propriated, to l)e paid out of the treasury of the Com-
monwealth, from the ordinary i-evenue, for the purposes
specified in certain acts and resolves of the present year,
and for other purposes, to wit : —

To carry out the provisions of the act entitled "An Act Adulteration of
to amend an act relatino; to the adulteration of Food and ^"'"■^' '''°-

598

1883. — Chapter 277.

Doorkeepers,
messengers, etc.

State prison.

Fuel and lights.

Paupers trans-
ferred from
Workhouse to
almshouse.

Paupers trans-
ferred to West-
borough.

Drugs," two thousand dollars, in addition to the amount
heretofore appropriated.

For the compensation of doorkeepers, messengers and
pages to the present legislature, a sum not exceeding two
thousand dollars, in addition to the amount heretofore
appropriated.

For the state prison at Concord, a sum not exceeding
three thousand dollars, as authorized by chapter sixty of
the resolves of the present year.

For fuel and lights at the state house, a sum not ex-
ceeding two thousand five hundred dollars, in addition to
the amount heretofore appropriated.

For the support of paupers transferred from the Bridge-
water workhouse to the Tewksbury almshouse, there may
be used from the appropriation for current expenses at
the Bridgewater workhouse for the present year, a sum
not exceeding ten thousand dollars.

The appropriations made the present year for the ex-
penses at the Bridgewater workhouse may be used for the
support of the inmates of said institution now transferred
to VVestborough, except as herein otherwise provided.

Section 2. This act shall take effect upon its passage.

Approved July 27, 1883.

Chap

.277 An Act making an appropriation for rebuilding the state

WORKHOUSE at BRIDGEWATER.

Be it enacted., etc., as follows :
Appropriation SECTION 1. The sums hereinafter mentioned are ap-
state workhouse propHatcd, to be paid out of the treasury of the Com-
at Bridgewater. mou Wealth, froiH tlic Ordinary revenue, to provide for the
rebuilding the state workhouse at Bridgewater, and for
furnishing the same when erected, to wit : — For rebuild-
ing the state workhouse at Bridgewater, a sum not ex-
ceeding fifty thousand dollars ; and for furnishing the
building or buildings when erected, a sum not exceed-
ing ten thousand dollars, as authorized by a resolve
passed the present year.

Section 2. This act shall take effect upon its passage.

Approved July 27, 1883.

1883. — Chapters 278, 279.

599

An Act concerning the appointment of superintendent and C'hup.Zio

RESIDENT PHYSICIAN AT THE STATE ALMSHOUSE.

Be it enacted, etc., as follows :

Nothing contjiinecl in chapter eighty-six of the Public superintendent
Statutes shall prevent the appointment of the same person physkiau!"
to hold the offices of superintendent and resident physician
at the state almshouse at Tewksbury, subject to the ap-
proval of the governor and council.

Approved July 27, 1883,

An Act in relation to the state workhouse.
Be it enacted, etc., as follows:

Section 1. The state workhouse heretofore estab-
lished at Bridgewater is hereby established in Westbo-
rough, in the county of Worcester, until other provision
shall be legally made, and that portion of the buildings
heretofore occupied by the state reform school in said
"VVestborough, which was constructed in the year eighteen
hundred and seventy-six, is hereby devoted to that pur-
pose. The persons confined in the state workhouse at
Bridgewater, and who were removed to said buildin^js in
Westborough, on account of the burning of the buildings
occupied at Bridgewater for the purposes of said work-
house shall be held in said buildings at Westborough, ac-
cording to the terms and conditions of their several sen-
tences to said workhouse at Bridgewater, and said removal
shall not in any way impair the validity of such sentence,
or abridge the authority of the superintendent of said
workhouse to detain any person lawfully sentenced to im-
prisonment therein. The governor and council shall de-
tine the boundaries of the land which may be used for the
purposes of said workhouse, and any escape from said
lands shall be deemed to be an escape from said work-
house.

Section 2. This act shall take effect upon its passage.

Approved July 27, 1883.

CJm2y.279

State work-
house ef^tnb-
lished at West-
borough.

600

1883. — Chapters 1, 2.

RESOLVES.

Chap. ]

Treasurer may
borrow money
in anticipation
of the revenue.

Resolve authorizing the treasurer to borrow money in
anticipation of the revenue.

Resolved, That the treasurer and receiver-general be
and he is hereby authorized to borrow, in anticipation of
the receipts of the present year, such sums of money as
may be from time to time necessary for the payment
of the ordinary demands on the treasury, at any time be-
fore the expiration of fifteen days after the meeting of the
general court, at such rates of interest as shall be found
necessary ; and that he repay any sums he may borrow
under this resolve as soon as money sufiicient for the pur-
* pose and not otherwise appropriated shall be received

into the treasury. Approved Jamiary 26, 1S83.

t//fCtp. A Resolve providing for the distribution of the abstract of
the social and industrial statjstics of the commonwealth.

Resolved, That the edition of the abstract of the social
and industrial statistics of the Commonwealth collected in
the tenth United States census, and compiled by the chief
of the bureau of statistics of labor under the provisions
of chapter twenty-six, resolves of eighteen hundred and
eighty-two, be distributed as follows : — five copies each,
to the governor, lieutenant-governor, members of the
council, the senate and house of representatives, and the
clerks of the two houses ; one copy each, to the assistant
clerks and to the chaplains of the two houses of the legis-
lature ; two copies to each reporter ; six copies to be
placed upon the shelves of the library ; five hundred
copies to be reserved for the public document series ; and
the balance of the edition to be distributed by the secre-
tary of the Commonwealth and the bureau of statistics of
labor. Ax>proved February 21, 1883.

Distribution of
the abstract of
the social and
Indnstrial sta-
tistics of the
Common-
wealth.

1883. — Chapters 3, 4, 5.

601

Resolve in favor of the Massachusetts charitable eye and Chap. 3

EAR INFIRMARY.

BesoJved, That there be allowed and paid out of the |'j^f^;^|j*^^;.'"
treasury of the Commonwealth, ten thousand dollars to intimiary.
the Massachusetts charitable eye and ear intirmary, to be
expended under the direction of the managers thereof, for
the charitable purposes of said infirmar}^ for the present
year ; and the said managers shall report to the state
board of health, lunacy and charity.

Approved February 21, 1883.

Resolve in favor of the state lunatic hospital at taunton. CliCip. t
Resolved, That there be allowed and paid out of the statp lunatic
treasury of the Commonwealth to the trustees of the Tau.uon'.
state lunatic hospital at Taunton, five thousand five
hundred dollars, to be expended for the following pur-
poses : two thousand dollars for a new water heater and
supply pipes ; one thousand five hundred dollars for ex-
tension of water pipes, and three hydrants ; one thou-
sand dollars for an additional ice house and land necessary
for the same ; five hundred dollars for additional fire
hose, and five hundred dollars for new floors in chapel,
kitchen and halls. Approved March 9, 1883.

Resolve concerning the supervision of immigration.

WJiereas, By an act of congress passed on the third day
of August in the year one thousand eight hundred and
eighty-two, entitled "An Act to regulate Immigration,"
the secretary of the treasury was empowered " to enter into
contracts with such state commission, board, or oflicers
as may be designated for that purpose by the governor of
any state, to take charge of the local atfairs of immigra-
tion within said state ; " and whereas the governor of this
Commonwealth has designated for said purpose the state
board of health, lunacy and charity, and said board has
entered into a contract with the secretary of the treasury,
in accordance with said act of congress ; therefore.

Resolved, That the agreement entered into, on the twenty-
seventh day of November in the year eighteen hundred
and eight3'-two, by the secretary of the treasury of the
United States, the paity of the first part, and on the
second day of December in the year eighteen hundred
and eighty -two, by the state board of health, lunacy and

Chap. 5

Agreeraeiit be-
tween secretary
of treasury
of U.S and
state board of
health, lunacy
and charity
approved.

602 1883. — Chapters 6, 7, 8.

charity, the party of the second part, be and the same is
hereby approved, subject to such modifications as may
hereafter be made by said board with the approval of the
governor and council. Approved March 14, 1883.

Chcip. 6 Resolve in favor op the town of peppereli-.

Allowance to Hesolvecl, That there be allowed and paid out of the

JTJe'ii? ^ ^''^" treasury of the Commonwealth to the town of Pepperell, the
sum of eighty-six dollars and thirty-six cents, said sum
having been paid into the treasury of the Commonwealth,
under a mistake of facts, for the support of Mary Fitz-
gerald at the Danvers lunatic hospital ; s;\id Mary Fitz-
gerald having no settlement in the town of Pepperell.

Ap>])roved March 14, 1883.

CllCllp. 7 Resolve IN FAVOR OF THE TOWN OF NORTON.

Allowance to Hesolvecl, That there be allowed and paid out of the

treasury of the Commonwealth to the town of Norton,
the sum of two hundred and sixty-eight dollars and
thirty-five cents, the same being the amount of tax col-
lected by the Commonwealth on certain shares of the
national bank of Taunton, owned by the Congregational
parish of said Norton, from and including the year one
thousand eight hundred and seventy-three to and includ-
ing the year one thousand eight hundred and eighty-one.

A2}2yroved March 14, 1883.

(JllCiT)' 8 Resolve repealing chapter sixtv-one of the resolves of the

YEAR EIGHTEEN HUNDHED AND EIGHTY-TWO, RELATING TO REPORTS
OF CONTESTED ELECTION CASES.

Repeal of Whevcas, Chapter sixty-one of the resolves of the year

tveReso'ive^s'of eighteen hundred and eighty-two piovides that the presi-
1882- dent of the senate and the speaker of the house of

representatives be authorized and requested to appoint
two suitable persons to prepare and publish an edition of
the reports of contested elections of the legislature from
the year eighteen hundred and filty-three to the year
eighteen hundred and eighty-two, inclusive, with a suit-
able index thereto, and to fix .the compensation of the
persons so appointed, and that the total expense of pre-
paring and pul)lishing said reports shall not exceed the
sum of twelve hundred dollars ; and whereas, a commu-
nication from Robert R. Bishop, president of the senate,

1883. — Chapters 9, 10.

603

Chap. 9

Committee ap-
pointed to co-
operate with
the general
maniigers of the
exhibition.

and Charles J. Noj'es, speaker of the house of representa-
tives, for the year eighteen hundred and eighty-two, has
informed the present legislature that tliey have not been
able to obtain the services of suital)Ie persons to prepare
the vokime of reports conteraphited b}' said resolve, for
an amount which would be within the sum limited by said
resolves ; therefore,

He'iolved, That chapter sixty-one of the resolves of the
year eighteen hundred and eighty-two is hereby repealed.

Apirroved March 24, 1883.

Resolve for the encouragement of the American exhibition
OF foreign productions, arts and manufactures.

Whereas, It has been announced to the senate and
house of representatives of Massachusetts in general
court assembled, that an American exhibitic^n of foreign
productions, a.rts and manufactures will be opened in Bos-
ton on September lirst eighteen hundred and eighty-
three ; and whereas, it is believed that the interests of
the manufacturers of the Commonwealth and of New
England will be largely beneiited by this opportunity to
study the advance made by foreign nations since the cen-
tennial exhibition at Philadelphia in eighteen hundred and
seventy-six; therefore,

liesolved. That the legislature of Massachusetts deems
it proper to recognize the great value of the proposed
exhibition of foreign products to be held in Boston the
present year, by joining in the reception of such foreign
representatives as shall visit Boston during the progress
of said exhibition ; and that a special committee, con-
sisting of two members of the senate (to be appointed by
the president of that body), and three members of the
house of representatives (to be appointed by the speaker
of that body), be appointed to co-operate with the gen-
eral managers of the exhibition in such manner as shall
best subserve the interests and contribute to the success
of said exhibition. Apjrroved March 24, 1883.

Resolve relating to the war records in the department of QhcLf), 10
the adjutant general. -^

Hesohed, That the adjutant general may finish the War records

work on the war records in his department, authorized by menronh^ad-

chapter thirty-eight of the resolves of the year eighteen ju'ant general.
hundred and eighty-one, at an expense not exceeding four
thousand dollars. Approced March 24, 1883.

604

1883. — Chapters 11, 12, 13, 14.

Chap. 11 Resolve for the relief of john owens.

John Owens. Rcsolved , That from and after the iirstday of February

in the year eighteen hundred and eighty-three, John Owens,
a resident of Boston, who served in the United States
navy between the sixth day of July in the year eighteen
hundred and sixty-four and the thirty-first day of May in
the year eighteen hundred and sixty-five, shall be entitled
to receive the same amount of state and military aid he
Avould have been entitled to receive had he been credited
on the quota of the Commonwealth of Massachusetts
during his term of service.

Approved March 30, 1883.

Chap. 12

Catharine Cur-
tin, widow of
Michael Curtin.

Resolve ix favor of Catharine curtin.

Resolved, That on and after the first day of March
eighteen hundred and eighty-three, Catharine Curtin,
widow of Michael Curtin, who was a member of company
C, seventeenth regiment Massachusetts volunteers, shall
be entitled to receive the same amount of state aid as she
would have been entitled to receive had she been a resi-
dent of Massachusetts at the date of the passage of the
act granting state aid. Approved March 30, 1883.

Chap.

13 Resolve providing for the purchase of neav steam boilers

AND steam pipes FOR THE STATE WORKHOUSE AT BRIDUEWATEK.

State work-
house at
Bridgewater,

Resolved, That there be allow^ed and paid out of the
treasury of the Commonwealth a sum not exceeding three
thousand dollars, the same to be expended under the
direction of the trustees and superintendent of the state
workhouse at Bridgewater, for the purchase of new steam
boilers, and steam pipes connecting with the same, for
said institution. Approved March 30, 1883.

Chap. 14 Resolve in relation to loan and trust companies.

Bill in relation
to loan and
trust companies
to be reported
to the next gen-
eral court.

Resolved, That the bill in relation to loan and trust
companies, reported to the present general court by the
commissioners of savings banks and the commissioner of
corporations be referred back to such commissioners, with
instructions to give a hearing to the representatives of all
the existing loan and trust corporations in the Common-
wealth, to consider said bill, to make such amendments

1883. — Chapters 15, 16, 17, 18. 605

thereto as they may deem expedient, and to report a new
bill to the next general court.

\_7he f'jregolng was laid before the Governor on the tiventy-
seveath day of March, 1S83, and after Jive days it had the ^'- force
of a law" as prescribed by the Constitution^ as it was not
returned by him with his objections toithin that time.']

Resolve confirming the acts of james keith as a justice of (yllCtp. lo

THE peace.

Resolved, That all nets done by James Keith, as a jus- Acts done by

„,, , ^, ,."^ .11 cT ^ 1 i.1 J.imes Keith, as

tice oi the peace, between the thirteenth day ot July and the justice of the
twenty-seventh day of October in the year eighteen hun- tirme*d.°°"
drcd and eight3^-two, are hereb}' confirmed and made valid
to the same extent as though he had been qualified during
that time to discharge the duties of a justice of the peace.

Approved April 6, 1883.

Resolve providing for printing the report of the trustees QllCip. 16

OF the MASSACHUSETTS AGRICULTURAL COLLEGE.

Resolved, That there be printed four thousand copies of Additional
the report of the trustees of the Massachusetts agricult- pons to be
ural college for the year eighteen hundred and eighty-two, p""^''*^-
to be distributed as follows : — five hundred copies to the
governor and council, fifteen hundred copies to the pres-
ident of the college, and two thousand copies to the mem-
bers of the present legislature.

Approved April 7, 1883.

Resolve in favor of the state normal school at bridge- iyllCip. 17

WATER.

Resolved. That there be allowed and paid out of the state normal

11 T • ecnnnl nt

treasury or the Commonwealth a sum not exceeding one Bndgcwater.
thousand dollars, for painting the buildings and furnishing
cases for the laboratory of the state normal school at
Bridgewater ; the same to be expended under the direction
of the board of education. Approved April 7, 1883.

Resolve in favor of the state primary school at monson. Ohcip. 18

Resolved., That there be allowed and paid out of the st.ite primary
treasury of the Commonwealth the sum of four hundred son?" *
and one dollars and ninety-six cents, being the unex-
pended balance of an appropriation authorized by chap-
ter sixty of the resolves of the year eighteen hundred and

606

1883. — Chapters 19, 20, 21.

eighty-(3ne, for the erection and completion of a new hos-
pital at the state primary school at Monson ; said amount
being necessary for the completion of the hospital, and
having reverted to the treasury according to law ; the
same to be expended under the direction of the trustees
of the state primary and reform schools.

Approved April 7, 1883.

GJlClp. 19 Resolve for covering into the treasury the amounts

STANDING TO THE CREDIT OF THE ACCOUNTS OF DIVIDENDS
OF INSOLVENT INSURANCE COMPANIES AND DIVIDENDS OF INSOL-
VENT SAVINGS BANKS.

Certain amounts Jiesolved, That the treasurer of the Commonwealth is
covered into the hereby directed to cover into the treasury that portion of
treasury. ^j^^ amouuts deposited with him under the provisions of

section one hundred seventy-three of chapter one hundred
nineteen of the Public Statutes and section forty four
of chapter one hundred sixteen of the Public Statutes
and the acts of which those sections are a continuation,
which has not been paid by him to claimants under the
provisions of said acts, amounting on the first day of
March, of the present year, to eleven thousand nine hun-
dred and nine dollars eighty-six cents.

\_The foregoing loas laid before the Governor on the fourth day
of April, 1883, and after five days it had the '•^ force of a knu"
as prescribed by the Constitution, as it was not returned by him
with his objections within that time.']

Clmp. 20

Rand, Avery &
Company.

Resolve in favor of rand, avery and company.

Resolved, That there be allowed and paid out of the
treasury of the Commonwealth to Rand, Avery and Com-
pany, of Boston, the sum of two hundred and ten dollars
and thirteen cents, being the amount due them for the
printing of one thousand pamphlets entitled " Popular
Industrial Art Education," and live hundred pamphlets
entitled " Lectures on Drawing."

Approved April 11, 1883.

Chap. 21

State luniilie
hospital at
Danvers.

Resolve in favor of the state lunatic hospital at danvers.

Resolved, That there be allowed and paid out of the
treasury of the Commonwealth to the trustees of the
state lunatic hospital at Danvers, the sum of fifteen thou-
sand five hundred dollars, to be expended for the following
purposes : — twelve thousand dollars for the erection and

1883. — Chapters 22, 23, 24, 25.

607

to boundaries
of citii-s and
towns bordering
upon the sea.

completion of a new laundry, the character and location
of which shall be approved by the board of health, lunacy
and charity before any contracts or expenditures shall be
made ; and thirty-five hundred dolUirs for painting and
necessary repairs on said hospital.

Ajjproved April 11, 1883.

Resolve providing for the expenses incurred under an act ChttJ^' 22
IN relation to the boundaries of cities and towns border-
ing UPON THE SEA.

liesolved, That there be allowed and paid out of the Allowance for
treasury of the Commonwealth the sum of five hundred act'Tn reuition
dollars, to be expended, by the board of harbor and land
conmiissioners with the approval of the governor and
council, for the employment of surveyors, for clerical
assistance and other necessary expenses incurred in
carrying out the provisions of chapter one hundred and
ninety-six of the acts of the year eighteen himdred and
eighty-one, entitled " An Act in relation to the bounda-
ries of cities and towns bordering upon the sea."

Approved April 11, 1883.

Resolve in favor of mark Pickering. Chap, 23

Hesolvedy That there be allowed and paid from the Mark Pickering.
treasury of the Commonwealth to Mark Pickering, of
Cambridge, an annuity of two hundred and forty dollars
for the term of three years from the first day of January
in the year eighteen hundred and eighty-three, in equal
quarterly instalments. Approved April 23, 1883.

Resolve in favor of ellen madigan. CJlClJ^- 24

Resolved, That there be allowed and paid out of the Eiien Madigan.
treasury of the Commonwealth to Ellen Madigan, the
sum of one hundred and fifty dollars, as compensation for
the loss of her husband, who was killed while in the em-
ploy of the Commonwealth ; the same to be paid in two
annual instalments of seventy-five dollars each.

A^yproved April 23, 1883.

Resolve in favor of timothy murphy. Chap. 25

Resolved, That during the period of five years from the Timothy Mm--
first day of January in the year eighteen hundred and ''''^'
eighty-three, an annuity of two hundred dollars be
allowed and paid to Timothy Murphy, in equal quarterly

60S

1883. — Chapters 26, 27, 28.

John William
Kobert Sawin,

jDayments, for injuries sustained at the Hoosac Tunnel
while in the employ of the Commonwealth. This annuity
shall cease in the event of the death of said Timothy
Murphy prior to the expiration of said period of five years.

Approved April 23, 1883.

Chup. 26 Resolve in favor of john william robert sawin.

liemlved. That there be allowed and paid out of the
treasury of the Commonwealth to the guardian and for
the benefit of John William Robert Sawin, son of John
P. Sawin of Boston, deceased, an annuity of one hundred
and fifty dollars, for the term of five years from the first
day of January in the year eighteen hundred and eighty-
three, payable in equal quarterly instalments.

Approved April 23, 1883.

Ohajy. 27 Resolve in favor of the trustees ok the soldiers' home in

MASSACHUSETTS.

Resolved, That there be allowed and paid out of the
treasury of the Commonwealtli to the trustees of the
soldiers' home in Massachusetts, incorporated by chapter
two hundred and eighteen of the acts of the year eighteen
hundred and seventy-seven, the sum of fifteen thousand
dollars, the same to be used towards the maintenance of a
home for deserving soldiers and sailors.

Approved April 24, 1883.

Soldiers' home
in Massachu-
setts.

Chap

. 28 Resolves concerxing the boundauy line betweex the com-
monwealth OF MASSACHUSETTS AND ^THE STATE OF NEW HAMP-
SHIRE.

NewHimpshire
boundaiy line.

Resolved, That the governor with the advice and con-
sent of the council be and hereby is authorized and
requested to appoint three suital)le persons as commis-
sioners on the part of the Commonwealth of Massachu-
setts, to meet and act in the manner herein set forth, in
conjunction with such commissioners as may be appointed
in accordance with this resolve on the part of the State
of New Hampshire. The commissioners appointed shall
reset and replace where it is necessary the monuments
established as indicating the boundary line between the
Commonwealth of Massachusetts and the State of New
Hampshire, in accordance with the report of the commis-
sioners of the Commonwealth of Massachusetts made on

1883. — Chapters 29, 30. 609

the twenty-eighth day of February, eighteen hundred and
twenty-seven, shall employ such surveyors as may be
deemed proper, and cause to be made a plan of the
boundary line, as it exists between said monuments,
which shall be filed in the office of the secretary of the
Commonwealth, and the line so found shall be the legal
boundary line between the Commonwealth of Massachu-
setts and the State of New Hampshire. And the commis-
sioners are authorized and empowered to incur the necessary
expenses for accomplishing the purposes of this resolve.
The expense of resetting and replacing said monuments shall
be the joint and equal charge of the said Commonwealth
of Massachusetts and the State of New Hampshire. The
commissioners in behalf of the Commonwealth of Massa-
shall report their doings under this resolve to the next
genei'al court.

Resolved, That the governor and council are hereby ofTomm^S-
authorized to fix and determine the compensation of said *^''^-
commissioners ; but the whole amount which shall be
expended by or for this Commonwealth for any of the pur-
poses of this resolve shall not exceed the sum of one thou-
sand dollars.

Resolved, That his excellency the governor be requested fo°govenio7o/^
to transmit a copy of this resolve to his excellency the ^b'i^.^'*"^'
governor of the State of New Hampshire.

Approved April 25, 18S3.

Resolve ix favor of the disabled soldiers' employment (JJiav. 29

BUREAU.

Resolved, That there be allowed and paid out of the Allowance to

treasuiy of the Commonwealth to the disabled soldiers' dieM''enip°ioy-

employment bureau, a sum not exceeding eight hundred "o'lje expended

dollars, the same to be expended under the direction of under direction

1 T 1 ,ni 1 1 1 T II n ' -x of adjutant-

the adjutant-general. Ihree hundred dollars or said sum general.
shall be allowed for superintendence of said bureau.

Ap2Jroved April 25, 18S3.

Resolve for the encouragement of industrial art in the (Jliap. 30

COMMON schools.

Resolved, That the board of education be empowered induRtriai art
and directed to examine carefully the courses of inslruc- schools.'"""''"
tion in industrial drawing, as adopted in the common
schools, and to make such recommendations as may be

610 1883. — Chapters 31, 32, 33.

best calculated to establish in the courses taught in said
schools a closer conformity to the course of instruction of
the normal art school ; to the end that the effect of its
efforts in the direction of the cultivation and encourage-
ment of industrial art may be more widely and thoroughly
diffused in the common schools of the Commonwealth.

[ The foregoing was laid before the Governor on the eighteenth
day of Aprils 1883, and after Jiue daysithadthe '•'• forcenf a knv"
as prescribed by the Constitution, as it was not returned by him
with his objections within that time.']

Chup. 31 Resolve to provide for leasing the deacon house estate
IN boston for the use op the normal art school.

LeaseofDeacon I?esolved, That the statc board of education be author-
mTy brre-'"' ^^cd to rcuew the lease of the Deacon house estate, situ-
newed. atcd at thc comcr of Washiugtou and Concord streets in

the city of Boston, for a term of three or five years, for
the use of the normal art school; the lease to date from
the first day of July eighteen hundred and eighty-three,
and the aimual rental not to exceed three thousand six
hundred dollars and taxes.

[ The foregoing ivas laid before the Governor on the nimteerdU
day of April, 1883, and after Jive days it had the '■'•force of a law,"
as p)rescribed by the Constitution, as it was not returned by him
loith his objections tvithin that time.]

Cheep. 32 » Resolve in favor of henry j. white.

Heuryj.white. Besolvecl, That there be allowed and paid out of the
treasury of the Commonwealth to Henry J. White, of
Haverhill, the sum of one hundred dollars, as a gratuity
for services as a musician in the sixth regiment of infantry,
Massachusetts volunteers, in eighteen hundred and sixty-
one, and for loss of property while in said service ; the
said Henry J. White having been severely injured while
the regiment was passing through Baltimore, Maryland,
before being mu&tered into the United States service.

Approved April 30, 1883. *

Chwp. 33 Resolve relative to the accommodation of women and
-* ' children in railroad cars.

Acooramoda. Hesolvecl, That the subject of accommodation for women

tion of women ^ud children in railroad trains, so far as relates to com-

and children in . . . ' /• i i

railroad cars. pelHug thcui to ridc iu smokiug-cai's, be referred to the
board of railroad commissioners, with instructions to

1883. — Chapters 34, 35. 611

report to the several railroad corporations in the Common-
wealth and to the next general court.

Approved May 5, 1883.

Resolve granting county taxes C/l(ip. 34:

Mesolved, That the sums placed against the names of County taxes
the several counties in the following schedule are granted ^""^"^^ •
as a tax for each county, respectively, to be collected and
applied according to law : — Barnstable, fourteen thousand
dollars ; Berkshire, sixty-five thousand dollars, provided
that not less than ten thousand dollars thereof be applied
to the reduction of the existing debt of said county ;
Bristol, one hundred and ten thousand five hundred dol-
lars, provided that c^ight thousand dollars thereof be applied
to the reduction of the existing debt of said comity ; Dukes,
seven thousand three hundred dcjllars, provided that nol less
than one thousand dollars thereof be applied to the reduc-
tion of the existing debt of said county ; Essex, two
hundred and five thousand dollars, provitled that not less
than forty-six thousand dollars thereof be applied to the
reduction of the existing debt of said county ; Franklin,
twenty-eight thousand dollars, provided that not less than
two thousand dollars thereof be applied to the nduction
of the existing debt of said county ; Hampden, eighty-one
thousand dollars ; Hampshire, thirty-eight thousand dol-
lars, provided that not less than one thousand dollars
thereof be apjjlied to the reduction of the existing del)t of
said county; Middlesex, one hundred and fifty thousand
dollars, provided that not less than fifteen thousand dol-
lars thereof be applied to the reduction of the existing
debt of said county ; Norfolk, sixty-five thousand dollars ;
Plymouth, forty-tive thousand dollars ; Worcester, one
hundred and twelve thousand five hundred dollars, pro-
vided that not less than five thousand dollars theieof be
applied to the purchase of state reports and statutes for
the Worcester county law library.

Approved May 3, 18S3.

Chap. 35

Resolves kelative to the ^ claim of the common wealth
against the united states fok moneys expended foli coast

DEFENCE.

Wliereas, Under a joint resolution of the thirty-ninth Members of
congress, approved Jul^^ twenty-sixth, eighteen hundred "^ZVilTtoXs^
and sixty-six, the president, by and with the advice and J»-pt exertion

•J ^ i. ^ ./ to procure

612

1883.— Chaptees 36, 37.

payment for dig- coiisent of the SGiiate, appointed commissioners to "ex-

bursements fur . •.,! •, • it, n \ m

coast defence, aiiiine into the claim and aiiclit the accounts or the btate
of Massachusetts for moneys expended for coast defence
during the war;" and

W/iereas, Said commissioners examined the subject
fully, both sides being represented at the hearings by
eminent counsel, and reached a unaniiUDUs conclusion,
and made a full and complete report thereon to the fortieth
congress, and reported the amoun' due to Massachusetts
without interest to be two hundred and thirty thousand
one hundred doUars and six cents, and it thus became
an adjudicated claim ; therefore, be it

Itesolved, That the members of congress from this
Commonw^ealth be and they are hereby requested to use
their best exertion to procure from the general govern-
ment an appropiation sufficient to pay the amount due the
Commonwealth for disbursements for coast defence, made
during the late civil war.

Resolved, That a copy of these resolves be transmitted
l)y the secretary of the Commonwealth to each of our
senators and representatives in congress.

Approved May 5, 18 S3.

Chap. 36 Resolve in favor of the state normal school at westfield.

Unsolved, That there be allowed and paid out of the
treasury of the Commonwealth a sum not exceeding
twelve hundred and fifty dollars, for repairing the build-
ing and fencing the grounds of the state normal school at
Westfield, to be expended under the direction of the
board of education, as follows: six hundred and fifty dol-
lars for fencing the grounds, and two hundred dollars for
painting said fence ; three hundred and fifty dollars for
shingling the building, and fifty dollars for painting the
dome of said building.

[ The foregoing loas laid before the Governor on the second
day of May, 1883, and after Jive days it had the '•'■force
of a law," as prescribed by the Constitution, as it was not returned
by him with his objections tvithin that f«me.]

Copy to be
transmitted by
the secretary.

Stale normal
school at West
field.

Ohcip. 37 Resolve in favor of the state almshouse at tewksbury.

state almshouse
at Tewksbury.

liesolved, That there be allowed and paid out of the
treasury of the Commonwealth a sum not exceeding
thirty-five hundred dollars, as follows, to wit; twenty-one

1883. — Chapters 38, 39.

613

h\indrcd dolJiirs for piiint stock and painting the buildinirs
of the state ahnshonse at Tewksbury ; nine hundred dol-
lars for lumber, nails, and extra repairs ; two hundred
dollars for the alteration of the gas machine, and three
hundred dollars for new tire escapes ; the same to be ex-
pended under the direction of the trustees of the state
almshouse.

\^The foregoing was laid he fore the Governor on the first
day of May, 1883, and after five days it had the '■'■force
of a hiiv" as prescribed by the Constitution, as it was not returned
by him with his objections within that time,^

Resolve in favor of theodore e. davis. CllCip. 38

BesoJved, That the treasurer and receiver-general be Theodore e.
and he is hereby directed to pay to Theodore E. Davis, paldfo^pr^ose.
of Washington, in the District of Columbia, for services a^rtinft^thlT
and expenses in prosecuting and collecting a claim amount- united states.
ing to the sum of eleven thousand seven hundred and
fifty-four dollars and thirteen cents, in favor of the Com-
monwealth against the United States government, the sum
of nineteen hundred and sixty-three dollars and twelve
cents, the same being fifteen per centum of the amount
collected, for services, and two hundred dollars for
expenses incurred, said amount to be paid from the
sum so collected and now in the treasury of the Common-
wealth. Approved May 14, 1883.

Resolve to provide for the better protection of the reform- Qliaj). 39

ATORY prison FOR WOMEN AtlAINST FIRE.

Itesolved^ That there be allowed and paid out of the Reformatory
treasury of the Commonwealth, a sum not exceeding ten men?"^"*^^""
thousand dollars, to be expended under the direction of
the commissioners of prisons, for the better protection of
the reformatory prison for women against fire, as follows :
five thousand dollars for tinning the ventilating shafts and
flues, making doorways and providing metal covered
doors for the same ; two thousand five hundred dollars for
pipes and sprinklers in the attics ; two thousand dollars
for water pipes and hydrants ; five hundred dollars for
■water tank and connecting pipes.

Apiyroved May 16, 1883.

614

1883. — Chapters 40, 41, 42.

CllCl]). 40 Resolve in relation to signals for the protection of high-
ways CROSSING RAILROADS AT GRADE.

Resolved^ That the board of railroad commissioners be
instructed to investigate the subject of electric and other
signals for the protection of highways crossing railroads at
grade, submit the result of their investigations io the rail-
road corporations of the Commonwealth and report to
the next general court. Approved May 25, 1883.

Report to next
geiitral court
concerning
signals at high-
Wiiys crossing
railroads at
grade.

Chcip. 41 Resolve to authorize the governor and council to sell or

LEASE CERTAIN RIGHTS OF THE COMMONWEALTH IN LANDS IN THE
TOWN OF KOWE.

Rights of Com-
monwealth in
lands in Rowe,
may be leased
or sold.

Resolved, That the governor, with the advice and con-
sent of the council, is hereby authorized to sell or lease so
much of the rights of the Commonwealth in any lands,
which it may own or have in its possession in the town of
Rowe, as in the judgment of the governor and council
may be necessary to enable the purchasers or lessees to
build and maintain a railroad along and near the bank of
the Deerfield River, and to connect with the tracks or
road bed of the Troy and Greenfield Railroad and Hoosac
Tunnel. Approved May 25, 1883.

CllCip. 42 Resolve in favor of the Gettysburg battlefield memorial

ASSOCIATION.

In favor of the
Gettysburg
Battlifield Me-
morial Associa-
tion.

Uesolved, That tbere be allowed and paid out of the
treasury of the Commonwealth, to the treasurer of the
Gettysburg battlefield memorial association, incorporated
under the laws of Pennsylvania, upon the order of the
president thereof, a sum not exceeding five thousand dol-
lars, at such times and in such sums as his excellency the
governor may direct ; the same to be expended under the
direction of the president and directors of said associa-
tion, for the purchase of additional grounds of special
interest upon the battlefield of Gettysburg, for acquiring
rights of way as is contemplated by the act incorporating
said associalio)!, and for preserving and beautifying said
battlefield : provided, that no part of such sum shall be
paid until the governor shall be satisfied that such lands
have been purchased and conveyed to said association.

Approved May 20, 1883.

1883. — Chapters 43, 44, 45, 46. 615

Resolve in favor of the state prison at concord. CllCip. 43

Resolved, That there be allowed and paid out of the state pnson at
treasury of the Commonwealth a sura not exceetJing *^'""'=^'''^-
twenty-eight thousand dollars, to be expended under the
direction of the commissioners of prisons, at the state
prison at Concord, for the following puiposes, to wit :
twenty thousand doUars for the construction of six double
tenement dwelling-houses, to be i-ented to the officers of
said prison ; three thousand dollars for the construction of
coal-sheds ; and five thousand dollars for repairs and alter-
ations in prison cells and buildings.

Approved May 29, 1883.

Resolve in favor of the town of north brookfield. (Jhcip. 44

Hesolved, That there be allowed and paid out of the Town of North
treasury of the Commonwealth to the town of North Brook- ^'•°°'^fl«"'-
field, the sum of three hundred and fourteen dollars and
sixty-five cents, said sum having been paid by said town
for the support of jNIary Finn, a state pauper at the Wor-
cester lunatic hospital. Approved May 29, 1883.

Resolve providing for the appointment of an agent to pros- CliCip. 45
ecute certain claims of the commonwealth against the •

united states.

Resolved, That the governor, by and with the advice Agent to be ap-
and consent of the council, is hereby authorized from ecute'ciaim^'^"*'
time to time to appoint some suitable person to examine uuttedsutea
and prosecute before any of the executive departments of
the United States government, any specified account or
claim of the Commonwealth against the United States,
excepting any claim for reimbursement of interest paid by
the state on its war loans ; and in case any amount is re-
ceived into the treasury of the Commonw^ealth by reason
of the services rendered by the person so appointed such
person may be paid in full compensation for services and
expenses such sum, not exceeding ten per centum of the
fimount so received, as may be agreed upon in advance
between the governor and council and the person so em-
ployed. Approved May 29, 1883.

Resolves in favor of the Massachusetts agricultural Chap. 46

college. '^*

Resolved, That there shall be paid annually, for the term in favor of the
of four years, from the treasury of the Commonwealth to AgHcuitura"*
the treasurer of the Massachusetts a2:ricultural college at coiicge.

616

1883.— Chapters 47, 48.

Eighty free
scholarships
establibhed.

Amherst, the sum of ten thousand dollars, to enable the
trustees of said college to provide for the students of said
institution the theoretical and practical education required
by its charter and the law of the United States relating
thereto.

liesolved, That annually for the term of four years,
eighty free scholarships be and hereby are established at the
Massachusetts agricultural college, the same to be given
by appointment to persons in this CommonAvealth, after
a competitive examination, under rules prescribed by the
president of the college, at such time and place as the
senator then in office from each district shall designate ;
and the said scholarships shall be assigned equally to each
senatorial district; but if there shall be less than two suc-
cessful applicants for scholarships from any senatorial dis-
trict such scholarships may be distributed by the presi-
dent of the college equally among the other districts, as
nearly as possible ; but no applicant shall be entitled to a
scholarship unless he shall pass an examination in accord-
ance with the rules to be established as hereinbefore pro-
vided. Approved June 2, 18S3.

Chap. 47 Resolve authorizing the governou and council to transfer

CERTAIN articles OF FURNITURE TO THE CITY OF BOSTON.

Certain articles
of old furniture
to be transferred
to the city of
Boston.

Resolved, That the governor and council be and they
are hereby authorized to transfer to the city of Boston
any old furniture or other articles used in or indentified
with the old state house. Approved June 2, 1883.

Chap.

48 Resolve for obtaining a release to the commonwealth

BY the troy and GREENFIELD RAILROAD COMPANY OF ITS
CLAIM UPON THE TROY AND GREENFIELD RAILROAD AND HOOSAC
TUNNEL.

To obtain re-
lease to Com-
monwealth by
Troy & Green-
field Railroad
Company of its
claim upon
Troy & Green-
field Railroad
and Iloosac
Tunnel.

Resolved, That his excellency the governor is hereby
authorized and requested, with the consent of the council,
to conclude a contract between the corporation estab-
lished as the Troy and Greenfield Railroad Company
by which the entire right and interest which said corpo-
ration may have or claim in or to the property known as
the Troy and Greenfield Kailroad and Hoosac Tunnel, in-
cluding the Southern Vermont Railroad and the franchises
to operate such property, shall be released to the Com-
monwealth either for such a sum of money as may seem
reasonable to the governor and council, or in exchange

1883. — Chaptees 49, 50, 51, 52.

617

for the obligation and undertaking of the Commonwealth
to pay over and transfer to said corporation a proportion-
ate part of the proceeds thereafter received from the sale,
transfer or use of said tunnel and railroad properties and
franchises if it can be done upon reasonable terms, to the
satisfaction of the governor and council. This resolve
shall not in any way be taken as such an admission of the
authority of said railroad company to exercise chartered
rights as to impair the effect of any writ of quo warranto
or other similar proceeding in relation thereto.

Approved June 9, 1883.

Resolvk providing for the printing of extra copies of the (JllCip. 49

THIRTIETH ANNUAL REPORT OK THE SECRETARY OF THE MASSA-
CHUSETTS BOARD OF AGRICULTURE.

Additional
number of re-
ports to be
printed.

Hesolved, That there be printed three thousand addi-
tional copies of the " Thirtieth annual report of the
secretary of the Massachusetts board of agriculture," for
the use of members of the legislature, to be distributed as
follows: ten copies to each member of the legislature,
and the residue under the direction of the clerks of the
two branches. Apjyroved June 16, 1883.

Resolve in favor of the state normal school at framingham. OhctV. 50

Resolved, That there be allowed and paid from the
treasury of the Commonwealth a sum not exceeding two
thousand dollars, for the purpose of perfecting a system
of drainao^e at the Framino-ham normal school, and for
other necessary repairs ; the same to be expended under
the direction of the board of education.

Approved June 16, 1883.

State normal
school at Fram-
ingham.

OF ONE HUNDRED ADDI- CllCip. 51
E PROVINCIAL LAWS.

Resolve providing for the printing

TIONAL copies of volume TWO OF TH

Hesolved, That the commissioners on provincial laws Additional cop-
are hereby authorized to print one hundred additional jps of volume

n " . I. . . two of the pro-

copies of volume two of the provincial laws, at an expense vinciaiiawB.

not exceeding two hundred and fifty dollars.

Approved June 16, 1883.

Resolve in favor of the state lunatic hospital at danvers.

Resolved, That there be allowed and paid out of the
treasury of the Commonwealth, to the trustees of the
state lunatic hospital at Danvers, the sum often thousand

Chap. 52

State lunatic
hospital at
Danvers.

618

1883. — Chaptees 53, 5i, 55.

Chap.

dollars, for the current expenses of said hospital during
the year eighteen hundred and eighty- three.

Ajyjyroved June 16, 1883.

53 KeSOLVE in favor of JOHN M. GALVIN, FOR WORK DONE ON THE

HOOSAC TUNNEL.

John M. Gaivin. Hesolved, That there be allowed and paid out of the
treasury of the Commonwealth to John M. Gaivin the
sum of four thousand eight hundred and thirty-six and
fifty one-hundredths dollars, for loss sustained by him
under a contract with the Commonwealth for work done
in the Hoosac Tunnel. Approved June 23, 1883.

Chap.

54 Resolves to provide for the reception and entertainment of
distinguished guests.

Ervtertniiiment
of distinguished
guests, attend-
ing exhibition,
etc.

Resolved, That a sum not exceeding three thousand
dollars be allowed and paid out of the treasury of the
Commonwealth, to be expended under the direction of the
governor and council, for the proper reception and enter-
tainment of distinguished guests who may attend the
exhibition of the New England manufacturers' and me-
chanics' institute to be opened in the city of Boston on the
first Wednesday in September next.

Resolved, That a sum not exceeding three thousand
dollars be also allowed and paid out of the treasury of the
Commonwealth to be expended under the direction of the
joint committee already appointed under a resolve passed
the present session, for the reception and entertainment of
distinguished guests who shall attend the American exhi-
bition of foreign products, arts and manufactures.

\_The foregoing was laid before the Governor on the thirteenth
day of June, 1883, and after jive days it had the '■'■force of a law"
as prescribed by the Constitution, as it was not returned by him
with his objections within that time.^

Chap. 55 Resolve providing for repairs and improvements in the state

HOUSE.

Resolved, That there be allowed and paid out of the
treasury of the Commonwealth, a sum not exceeding nine
thousand five hundred and fifty dollars, for repairs, im- .
provements and furniture, in the state house, to be
expended under the direction of the sergeant-at-arms and
the commissioners on the state house.

Approved June 28, 1883.

Rf'pairg nnd im-
provements in
state house.

1883. — Chaptees 56, 57, 58, 59, 60.

619

Resolve GRANTING TO PATTY YOSE CERTAIN LANDS IN SIIERBORN. (JIkLJ). k)^S

Resolved, That this Commonwealth hereby grants to Grant of land to
Patty Yose, of Framinghara, all its right, title and inter- ''"^
est in certain tracts of land situated in Sherborn, of which
George W. Howard, late of said Sherborn, died seized
and possessed, and which for want of heirs wonld escheat
to the Commonwealth. Approved June 28, 1883.

Resolve in favor of the widow of richman h. potter. Cliap. 57
Resolved, That there be allowed and paid out of the in favor of^
treasury of the Commonwealth, to the widow of Kichmun man n. Poucr."
H. Potter, late a member of the house of representatives,
the amount of salary and mileage to which he would have
been entitled had he lived to the close of the present
session. Approved June 28, 1883.

Resolve in addition to the resolve for the encouragement Chap. 58

OF THE AMERICAN EXHIlilTlON OF FOKEIGN PRODUCTIONS, ARTS
AND MANUFACTURES.

Resolved, That the president of the senate and speaker Committee to
of the house of representatives be joined to the special i;em'rai m'an.'
committee, appointed under a resolve passed the present
year, to C0()[)erate with the general managers of the 'Amer-
ican exhibition of foreign pi-oductions, arts and manufact-
ures, in such manner as shall best subserve the interests
and contribute to the success of said exhibition.

Approved June 28, 1883.

agers of exhibi-
tion.

Extra copies of
" Blue Book "
for 1S83, to be
printed.

Resolve providing for printing extra copies of the blue Chap. 59

BOOK for the year EIGHTEEN HUNDRED AND EIGHTY-THREE.

Resolved, That there be printed, for the use of the
members of the present legislature, fifteen hundred ad-
ditional copies of the " blue book" for the year eighteen
hundred and eighty-three, to be distributed as follows :
five copies to each member of the legislature, and the
residue under the direction of the clerks of the two
branches.

[ The foregoing was laid before the Governor on the twenty-
third day of June, 1883, and after fim days it had the ^'- force
of a law," as prescribed by the Constitution, as it was not returned
by him icith Jiis objections within that time.']

Resolve in favor of the state prison at concord. Chap. 60

Resolved, That there be allowed and paid out of the nweiiins-
treasury of the Commonwealth a sum not exceeding three pr

lionses at state
irisun.

020

1883. — Chapters 61, 62.

i>tate work-
hwuse to be re-
built at Biidge-
water.

thousand dollars, for the construction of double-tenement
duelling-houses at the state prison at Concord, as author-
ized by chapter forty-three of the resolves of the present
year ; said amount being in addition to the amount
authorized by said resolve, to be expended under the
direction of the commissioners of prisons.

Ajyproved July 20, 1883.

Chcip. 61 Resolve to provide for the re-building of the state work-
house AT BRIDGEWATER.

Resolved, That there be allowed and paid out of the
treasury of the Commonwealth, a sum not exceeding fjffy
thousand dollars, for the purpose of erecting such build-
ing's at Bridgewater as may be necessary in place of the
state workhouse destroyed by fire on the seventh day of
July in the year eighteen hundred and eighty-three. And
also a sum not exceeding ten thousand dollars for furnish-
ing the buildings uhen so erected : 2)rovide(] , hoicever, that
the governor and council shall judge the erection of such
buildings during the current year to be necessary or ex-
pedient. AH buildings ercctcdshall be built substantially
in accordance with plans submitted by the joint special
committee on the state workhouse at Bridgewater ; and
they shall be contracted for, erected and furnished by,
and said sums shall be ex{)ended under the direction of,
the trustees and superintendent of said workhouse, and
the plans and specifications for such buildings shall be ap-
proved by the governor and council previous to the mak-
ing: of a contract for the erection of the same.

Approved July 27, 1883.

Chcip. 62 Resolve in favor of the clerks of the senate and house of

representatives.

liesolvedy That there be allowed and paid out of the
treasury of the Commonwealth, to the clerk of the senate
five hundred dollars, and to the cleik of the hiAise of
representatives five hundred dollars, the same being in
addition to the salaries of those officers for the 3 ear
eighteen hundred and eighty-three.

'[This Hesolce, returned by the Governor to the Senate in
which it originated, with his ohjections thereto, icas passed in
concurrence by the Senate and House of Be^resentatioes, the
objections of the Govenor nottvithstanding, on the 27th day of
Jnly, 1883, in the manner j^r&scribed by the Constitution, and
thereby had the ^^ force of a Zait'."]

Clerks of senate
and house of
representatives.

Amendment to the Constitution.

621

proposed amendment to the
constitutio:n'.

The following proposed Article of Amendment to the Article of
Constitution of'this Commonwealth has been officially cer- tXTomuuiion,
titled and deposited in the Secretary's Department, as proposed.
required by chapter 2, sect. 32 of the Public Statutes, and
if agreed to by the General Court next to be chosen, in
the manner provided by the Constitution, must be sub-
mitted to the people for their ratification or rejection : —

Resolve providing for m-ExxiAL elections, and for bi-ennial

SESSIONS OF TUE GENERAL COURT.

Resolved, By both houses, That it is expedient to alter
the Constitution of this Commonwealth by the adoption of
the subjoined article of amendment; and that the said
article, being agreed to by a majority of the Senators and
two-thirds of the members of the House of Representa-
tives present and voting thereon, be entered on the jour-
nals of both houses, with the 3'eas and nays taken thereon,
and referred to the General Court next to be chosen ; and
that the said article be published, to the end that if agreed
to in the manner provided by the Constitution, by the
General Court next to be chosen, it may be submitted to
the people for their approval and ratification, in order that
it may become a part of the Constitution of the Common-
wealth.

ARTICLE OP AMENDMENT.

Senators and Representatives shall hold their respective Termsof offices
offices for terms of two years, beginning with the tirst
AVednesday in the January succeeding their election and
continuing until the day appointed for the assembling of
the next succeeding General Court.

The Governor, Lieutenant-Governor, and Councillors
shall hold their respective offices for two years next fol-
lowing the first AVednesday in the- January succeeding

622

Amendment to the Constitution.

Bi ennial elec-
tions.

Bi-eniiial ses.
sions of the
General Court.

Extra sessioDB.

their election, and until others are chosen and qualified in
their stead.

The Secretary, Treasure;" and Receiver-General, Audi-
tor, and Attorney-General shall hold their respective
offices for two years, beginning with the third Wednesday
in the January succeeding their election, and until others
are chosen and qnalified in their stead.

A person shall be eligible as Treasurer and Receiver-
General for three successive terms, and no more.

The first election to which this article shall apply shall
be that held on the Tuesday next after the first Monday in
November in the year eighteen hundred and eighty-four,
and thereafter elections for the choice of all the officers
before mentioned shall be held bi-ennially on the Tuesday
next after the first Monday in November.

The General Court first chosen under the provisions of
this article shall assemble on the first Wednesday in Jan-
uary in the year eighteen hundred and eighty-five, and
thereafter the General Court shall assemble bi-ennially on
the first Wednesday in Jannary ; and each General Court
shall, without any proclamation or other act of the Gov-
ernor, be dissolved on the day next preceding the day so
appointed for the assembling of the next succeeding Gen-
eral Court ; but nothing herein contained shall prevent the
General Court from assembling at such other times as it
shall adjudge necessary, or at any times when it shall be
called together by the Governor.

All the provisions of the existing Constitution inconsis-
tent with the provisions herein contained are hereby an-
nulled.

House of Representatives, March 28, 1883.

The foregoing Article of Amendment is agreed to, two-
thirds of the members of the House of Representatives
present and voting thereon, having voted in the affirma-
tive ; and the same is referred to the General Court next
to be chosen. Geo. A. Marden, /Speaker.

Senate, Ai^ril 4, 1883.

The foregoins: Article of Amendment is agreed to, a
majority of the Senators present and voting thereon hav-
ing voted in the affirmative ; and the same is referred in
concurrence to the General Court next to be chosen.

George G. Crocker, President.

Resolutioxs. ^>23

RESOLUTIONS.

Resolution relative to the tekmination of certain articles

OF the treaty of WASHINGTON.

Resolved, That justice to the fishermen and the fishing Termination of
interests of the country, which interests previous to the mwided!'^"'"
passage of the treaty of eighteen hundred and seventy-
three were under the fostering care of the government,
demand that articles eighteen to twenty-one, inclusive, of
the treaty concluded l)etvveen the United States and the
government of Great Britain, on the eighth day of May,
eighteen hundred and seventy-three, should be terminated
at the earliest possible period.

Resolved, That a copy herewith be transmitted to each
of our senators and representatives in congress.

In House of liepresentatives, adopted Feb. 5, 1883.

In Senate, adopted in concurrence, Feb. 9, 1883.

Resolution relative to the french spoliation claims.

Resolved, That the senators and representatives of Mas- French claims,
sachusetts, in the United States congress, are requested
to use their best endeavors to secure the passage of the
Senate French Spoliation Claims bill during the present
session of congress.

Ill House of Representatives, adopted Feb. 21, 1883.

In Senate, adopted in concurrence, Feb. 28, 1883.

Resolution concerning the employment op convict labor
upon the works or property of the united states.

Resolved, That the senators and representatives of Mas- Employment of
sachusetts, in the congress of the United States, "are npun'wdrksof
requested to use their best efforts to secure the passage of
a law to prohibit the employment of convicts, or persons
restrained of their liberty, upon works or property of the
United States.

In Hotise of Representatives, adopted Feb. 26, 1883.

In Senate, adopted in concurrence, March 1, 1883.

U.S.

624

Resolutio:n^s.

Gratitude for
tbe services and
faitli in the in-
tegrity of Oakes
Ames.

and honesty,
or any other

Resolution relating to the resolutions of the forty-second

CONGRESS censuring THE HON. OAKES AMES.

Resolved, In view of the great services of Oakes Ames,
representative from the Massachusetts Second Congres-
sional District for ten years ending March 4, 1873, in
achieving the construction of the Union Pacilic Railroad,
the most vital contribi tion to the integritj^ and growth
of the national Union since the war;

In view of his unflinching truthfulness
which refused to suppress, in his own
interest, any fact, and so made him the victim of an
intense and misdirected public excitement and subjected
him to a vote of censure by the Forty-Second Congress at
the close of its session ;

And in view of the later deliberate public sentiment,
which, upon a review of all the facts, holds him in an
esteem irreconcilable with his condemnation, and which
throughout the whole country recognizes the value and
patriotism of his achievement and his innocence of cor-
rupt motive or conduct :

Thei-efore, the legislature of Massachusetts hereby
expresses its gratitude for his work and its faith in his
integrity of purpose and character, and asks for like
recognition thereof on the part of the national congress.

In Senate, adopted April 23, 1883.

In House of Representatives, adopted in concurrence May 7,
1883.

The General Court of 1883, during its annual session, passed two
hundred and thirty-five Acts and fifty-three Resolves, which received
the approval of His Excellency the Governor, and four Acts which
received the approval of His Honor the Lieutenant-Governor. In
addition to these, the following Acts and Resolves were laid before
the Governor which failed to receive his approval ; but as they were
not returned by him with his objections within five days after re-
ceiving the same, and the legislature did not adjourn in the mean-
time, said Acts and Resolves had force of law under the provisions
of the Constitution, and have been so certified : —

An Act making appropriations for certain educational expenses.
(Ch. 9.)

An Act making appropriations for sundry charitable expenses.
(Ch. 22.)

An Act relating to the printing and distribution of the Legislative
Manual. (Ch. 55.)

Acts and Resolves, Etc. 025

An Act to confirm certain ao;reements and leases made between the

Cambridge Railroad Company, the Union Riilway Company,

the Middlesex Railroad Company and the Somerville Horse

Railroad Company. (Ch. 56.)
An Act to establish the salary of the Clerk of the First District Court

of Plymouth. (Ch 57.)
An Act to authorize the union of the Eistern Junction, Broad Sound

Pier and Point Shirley Railroad Compan3% the Bo^t n, Win-

throp and Point Shirley Railroad Company and the Boston

and Winthrop Railroad Company. (Ch. 58.)
An Act relating to applications for, and the granting of, licenses to

sell intoxicating liquors. (Ch. 93.)
An Act relative to the trial of juvenile offenders. (Ch. 110.)
An Act to establish the salary of the Justice of the Municipal Court

of the West Roxbury district of the city of Boston. (Ch. 111.)
An Act to provide for the punishment of persons present at games or

sports in common gaming-houses. (Ch 120.)
An Act to extend the time for the transfer of land on the Back Bay

in Boston, for the use of the State Normal Art School. (Ch.

128.)
An Act to authorize the Worcester & Nashua Railroad Company to

unite with the Nashua & Rochester Railroad. (Ch. 129.)
An Act to change the name of the Quannapowitt Water Company,

and to authorize said cor2;)oration to issue bonds and to secure

the same by mortgage. (Ch. 139.)
An Act to incorporate the Farmers' and Mechanics' Savings Bank of

South Fr.imingham. (Ch. 150.)
An Act making appropriations for the completion of the double

tracking of the Troy & Greenfield Railroad and Hoosac

Tunnel. (Ch. 170.)
An Act to incorporate the Palmer Water Company. (Ch. 171.)
An Act to incorporate the Sharon Water Company. (Ch 177.)
An Act authorizing the Walter Heywood Chair Company to hold

certain real estate in the city of New York. (Ch. 194.)

An Act authorizing the American Bell Telephone Company to hold

stock in certain corporations. (Ch. 200.)
An Act relative to the election of assessors and overseers of the poor

in towns. (Ch. 208.)
Au Act making appropriations for salaries and expenses at the State

Workhouse at Bridgewater. (Ch. 207.)
An Act making an appropriation for the contingent expenses of the

Commissioners of Prisons. (Ch. 208.)
An Act making an appropriation for the travelling expenses of the

Commissioners of Prisons and the Secretary thereof. (Ch.

209.)
An Act making appropriations for salaries and expenses at the State

Industrial School at Lancaster. (Ch, 210.)
An Act making appropriations for salaries and expenses at the State

Reform School at Westborough. (Ch. 211.)
An Act making an appropriation for the expenses of the trustees of

the State Primary and Riiform Schools. (Ch. 212.)

026 Acts axd Resolves,

An Act making appropriations for the assistance of female convicts
discharged from the prisons of tliis Commonwealth. (Ch. 21:1)

An Act making appropriations for salaries and expenses at the State
Primary School at Monson. (Ch. 214.)

An Act making appropriations for the assistance of convicts dis-
charged from the State Prison at Concord, (Ch. 215.)

An Act to allow the International Trust Company to accept trusts
under wills and for other purposes. (Ch. 222.)

An Act granting jurisdiction in equity to the Superior Court. (Ch.
223.)

An Act relating to the employment of children in manufacturing and
other establishments. (Ch. 224.)

An Act to prevent the use of unlawful measures. (Ch. 225.)

An Act making appropriations for salaries and expenses at the State
Almshouse at Tewksbury. (Ch. 226.)

An Act authorizing the Bay State Telephone Company to increase its
capital slock. (Ch. 238.)

An Act concerning the Massachusetts School for Idiotic and Feeble-
minded Youth. (Ch. 239.)

An Act to authorize the town of Hopkinton to purchase first-mortgage
bonds of the Hopkinton Railroad Company and to raise money
for that purpose. (Ch. 240.)

An Act to enable Fire District Xo. 1 of Greenfield to increase its
water supply. (Ch 247.)

An Act in addition to an Act of the present year to extend the time
within which savings banks and institutions for savings may
sell certain real estate now held by them. (Ch. 248.)

An Act in addition to "An Act making appropriations for expenses
authorized the jiresent year, and for other purposes." (Ch.
271.)
• Resolve in relation to Loan and Trust companies. (Ch. 14.)

Resolve for covering into the treasury the amounts standing to the
credit of the accounts of dividends of insolvent insurance com-
panies and dividends of insolvent savings banks. (Ch. 19.)

Resolve for the encouragement of industrial art in the common
schools. (Ch. 30.)

Resolve to provide for leasing the Deacon House estate in Boston for
the use of the Normal Art School. (Ch. 31.)

Resolve in favor of the State Normal School at Westfield. (Ch. 36.)

Resolve in favor of the State Almshouse at Tewksbury. (Ch. 37.)

Resolves to provide for the reception and entertainment of distin-
guished guests. (Ch. 54.)

Resolve providing for printing extra copies of the Blue Book for the
year eighteen hundred and eighty-three. (Ch. 59.)

The following Acts and Resolves, passed by the General Court,
were laid before the Governor for his approval, and returned by him
to the branch in which they respectively originated, with his objec-
tions thereto ; were reconsidered, agreeably to the provisions of the
Constitution, and the vote being taken on passing the same, the

'Not Approved by the Goveenor. 027

objections of the Governor to the contrary notwithstanding, they
were rejected, two-thirds of the members present and voting thereon
not having voted in the aflS.rmative.

An Act to incorporate the Union Safe Deposit Vaults.

An Act making appropriations for expenses of the various charitable

and reformatory institutions, and for other pui-poses.
An Act allowing the Somerville Wharf and Improvement Company

further time to organize.
An Act to enlarge the jurisdiction of notaries pul)lic.
An Act to extend the charter of the Ocean Terminal Railroad, Dock

antl Elevator Company, and to revive, confirm and extend the

charter of the Ocean Terminal Railroad Company.
An Act concerning the election of aldermen in the city of Boston.
An Act to authorize the county commissioners of Plymouth County

to enlarge and remodel the House of Correction at Plymouth.
An Act to incorporate the Newton Associates.
An Act to incorporate the Brockton Real Estate and Improvement

Company.
An Act to authorize cities, towns, fire districts, water and aqueduct

companies, to hold water for sale, and to sell the same to other

cities, towns, fire districts and individuals.
An Act to apportion and assess a state tax of two million dollars.
Resolve in favor of Walter Shanly.

A Resolve in favor of the Clerks of the Senate and House of Repre-
sentatives, returned by the governor to the Senate with his objec-
tions thereto, was passed in concurrence by the Senate and House
of Representatives, the objections of the Governor nothwithstanding,
on the twenty-seventh day of July, in the manner prescribed by the
Constitution, and thereby had the force of a law.

An Act making an appropriation for additional compensation for
the Clerks of the two branches of the Legislature, and a Resolve in
favor of the Sergeant-at-Arms, laid before the Governor on the 27th
of July, were not approved by him, and did not acquire force of law,
as the Legislature adjourned within five days thereafter.

The General Court was prorogued on Friday, July 27, the session
having occupied two hundred and six days.

G28 Govehnok's Address.

INAUGURAL ADDRESS.

HIS EXCELLENCY BENJAMIN F. BDTLER.

At one o'clock on Thursday, the fourth day of January,
His Excellency the Governor, accompanied by His Honor
the Lieutenant-Governor, the members of the Executive
Council,* and officers of the civil and military departments
of the government, attended by a joint committee of the
two houses, met the Senate and House of Ecpresentatives,
in Convention, and delivered the following

ADDRESS.

Gentlemen of the Senate

and of the House of Representatives.

Li accordance w^ith a uniform usage, begun in the
earliest times and now sanctioned by law, the " Supreme
Executive Magistrate " of the Commonwealth is permitted
at this time and place to address to the two bodies of the
leo:islature such sutrgestions, views and recommendations
as he may be advised to do, for their consideration and
action.

It has also been usual in so doing to present at first a
statement of the financial condition of the Commonwealth
and of the several public funds appearing upon the books
of its Treasurer and Receiver-General.

Governor's Address.

G21)

As the incominor Executive can have no other and differ-
ent knowledge than is furnished by that officer upon these
topics, I content myself by giving you a statement fur-
nished by him as follows : —

Table 1.
STATEMENT OF LIABILITIES.

Massachusetts Bonds outstandix\g December 19, 1882.

Dollar Bonds

Bounty Fund Loan, ....
Coast Defence Loan, ....
Danvers Lunatic Hospital Loan,
Harbor Improvement Loan, . .
Troy and Greenfield Railroad Loans,
Worcester Lunatic Hospital Loan, .

Total dollars, ....

$4,579,.500 00

888,000 00

1,500,000 00

300,000 00

3,586,500 00

1,100,000 00

$11,904,000 00

Sterling Bonds.

Boston, Hartford, and Erie Railroad

Loan, £743,600 =z

Bountv Fund Loan, .... 826,600 —

State Prisons Loan 267,000 =

Troy and Greentield R. R. Loans,
War Loan,

Total sterling,

^3,618,729 40
4,022,648 90
1,299,355 50

2,190,800 = 10,661,528 20
206,600 = 1,005,418 90

£4,234,600 =$20,607,680 90

Total debt, reduced to dollars,

32,511,680 90

G30

Governor's Address.

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Governor's Address. G31

Table 3.

GENERAL RESULTS OF SINKING AND TRUST FUNDS.

Total Funds December 19, 1882, .... ^20,536,55061
Total Funds December 31, 1881, .... 17,110,96394

Gain, $3,425,586 67

Of this there is due to Exchange of Stock for
Bonds of Railroads: —
New York and New England, $1,737,000 00
Boston and Albany, . . 829,051 09
Due to land sales, &c., . . 59,576 90

' 2,625,630 99

Gain from investments, $799,955 68

Of the gain above, there belongs, —

To Sinking Funds, $2,927,048 83

To Trust Funds, 498,537 84

$3,425,586 67

The gain in the Trust Funds is wholly from the Boston and Albany
Railroad exchange.

The gain from investments is confined to the Sinking Funds, as the
income of the Trust Funds is applied to the purposes of the trusts,
and does not enter into these statements.

The gain in Sinking Funds is $2,927,048 83

Due to exchange of Railroad Securities, Land Sales,

&c., 2,127,093 15

Gain from investments, $799,955 68

Amount of Sinking Funds eTanuary 1, 1882, . . $14,080,465 80
Aj^proximate rate of income from investments, . 05|

I may in a special communication hereafter call to the
attention of the legislature such matters relating thereto,
as more full and accurate examination may make
advisable.

There is another matter intimately connected with the
financial condition of the Commonwealth concerning which
it would seem convenient that the same course should be
taken.

The expenditures upon the Hoosac Tunnel and the
Troy & Greenfield Railroad, which apparently are more
than equal to two-thirds of the public debt ; the financial
condition of these state concerns, their management, and
what ought to be the course of locfislation and executive

632 Governor's Address.

adniinistnition in regard to them will, therefore, hereafter
be made the subject of a special message.

In passing this topic it is peimlssible to say that after
an investment costing the State more than $22,078,689.21
in a commercial and trading enter[)rise, which in its
inception and prosecution was promised to. be of great
advantage to the State, it now appears that the Eailroad
and Tunnel find themselves to be in such condition as not
to be self-supporting even, but leaving in the past year a
small deficit to be provided for by taxation for expenses
only.

FREE AND EQUAL SUFFRAGE.

There is one subject which is of so great importance to
the people of the Commonwealth and to the best interests
of the country, that I crave your patience if I present my
views upon it at some length :

Free and equal suffrage to all who by the qualification
of naturalization and the constitutional one of education,
have the right to take part in the government of their
State and country.

To this right and immunity of citizens of the United
States, there should be no legal hindrance and specially
the pre-requisite of paying a capitation tax.

I believe in such a tax as a duty of the citizen, but not
as a qualification to his sutFrage. Every man ought to
pay, accordingto his ability, his just share of the burden
of maintaining the government which protects himself,
his family and his propertj^ and which afi'ords the means
of education to his children. But the penalty for non-
payment should not be disfranchisement and loss of
citizenship ; that is too severe, and in all civilized coun-
tries is only attached to the highest crimes. But above
all, it should not be imposed when such tax has not been
assessed upon him so that he can pay it, as is now the
law of our State.

It is the duty of every man to attend and take part in
every election, and by his vote to give his assent to the
laws which may be passed by his chosen representative ;
for all governments derive their "just powers from the
assent of the governed."

This duty of a freeman was enforced by our fathers in
the earliest Colony time. In 1660, towns in Massachu-
setts passed and enforced the following by-law : —

Goveenor's Addeess. G33

" It is likewise ordered tliat if any man wlio is warned to any
town meeting be not tliere wlien he is called, he shall be liable to
pay 6d. If he come not at all 13d. Nor shall any depart without
leave upon the like penalty."

IIow different are the provisions of law now by whicii
the State practically offers a bounty of from one to two
dollars to any citizen who will stay away from town
meeting !

By an act of legislation, now, all the state and county
taxes are assessed upon the polls under a limitation by
law as to the amount. In my judgment "the poll-tax"
as it is commonly called, should be assessed by the cities
and towns for their proper benefit only, and not as a state
and county tax. Under our laws, there is a direct
interest in the towns not to assess the poll-tax, for three
years in any five lest the payer should obtain by payment
a settlement therein, ^. e., a right to be supported by the
town ; a poll-tax being for the State, the town would
directly receive nothing from such taxation. This induce-
ment is now much stronger, as an alien may thus obtain
such settlement who would otherwise be a state pauper.
I therefore recommend a change in the law of assessment
of the poll-tax, which is undoubtedly within the com-
petency of the legislature, that the poll-tax should be
assessed as part of the city or town tax for their use only.
That would induce the towns to use diligence iu assessing,
and their collectors in collecting the poll-tax, which,
g(jing to the town, would be the contribution of the poll-
tax payer towards the education of his children, and in so
far an equivalent for his settlement.

I would further recommend that this tax should be
assessed as now on the first day of May, and a separate
warrant for its collection be issued to the collector as early
as the thirtieth day of May, and that by law the collector
should be required to make a return of such warrant by
the fifteenth day of August ; stating iu his return what
efforts he has made to collect each separate tax, if uncol-
lected ; and the reasons, if any, why not collected; and
that he has exhausted all legal means for such collection.

By this course the tax would be paid during the sum-
mer season when the laboring man could pay it with the
least difficulty, instead of the fall or winter months when
labor is less remunerative and the expenses for fuel and
clothing for the family much more pressiug.

631 GovEEK'Oii's Address.

Such change of time of collecting: the tax would relieve
our elections, and our State from a practice which has
obtained of late, of committees of the respective political
parties paying the poll-tax for voters, in order to have the
voter registered, who it is supposed will vote with those
who pay his tax.

No more vicious practice could possibly exist. It
debauches the voters, debases the payer, corrupts political
action, and is certain to be the initial to other and further
corruptions in elections

Beside, it dwarfs and belittles the right of suffrage.

Is there not some justification for the committee man to
say, " If the State bribes the voter with one dollar not lo
do his duty as a citizen, may I not give him the same sum
to do his duty?" If the State puts that great franchise
up for sale at a dollar, is there not some excuse for the
voter when he has bought his vote of the State for a dol-
lar, to sell it at two dollars?

I can have but little doubt that all men, of whatever
class of political thought, will agree with me as to the
propriety of the changes I have indicated in the law
requiring the assessment and collection of the pt)ll-tax.

It will be seen at once that by such a mode of assessing
and collecting the poll-tax, if the law stops here, every
poll-tax payer would be disfmnchised, because the third
article of the amendments to the Constitution makes the
payment of a state and county tax within two years a pre-
requisite qualification for voting, except as therein pro-
vided. Therefore the legislature must go farther, and,
under the provisions of the same article of the Constitution,
" exempt by law such citizens as are assessed a poll-tax
only by towns and cities, from any state or county tax-
ation." Being so exempt by law, such citizens would be
within the exemption of the same article of the amend-
ments, which is in these words : —

" And also every citizen, who shall be by law exempted from tax-
ation, who shall he in all otlier respects qualified as above mentioned,
sh.ill have a right to vote in such election of governor, lieutenant-
governor, senators and representatives."

It is quite true that some vague opinions have obtained
without investigation of the subject : that under our Con-
stitution a state or county tax must be paid to enable the
citizen to vote ; and so it must be, unless the citizen is

Governor's Address. ' 635

exempted by law from paying such tax. But it seems to
me to 1)0 quite clear as a proposition of constitutional law,
that if the poll-tax payer is exempted by law from taxa-
tion,— i. e., state and county taxation being the only
taxation mentioned in that article, or elsewhere in the
Constitution, — he being otherwise c[ualified, such citizen
has by the very terms of the Constitution a right to vote.

We might come to that happy condition when from
licenses and other indirect taxation, our state and county
expenses being paid, we should not require to levy either
a state or county tax upon the citizen or his property.
This is already done in part. In such case would any one
claim that where no tax was levied at all, there were no
voters in Massachusetts, all being disfranchised under the
tirst clause of Article III. ?

Suppose the legislature should enact that no state or
county taxes should be levied in a given year, as it may
do, and I hope with due economy in state and county
expenditures at some time will do, would such a law
operate as a disfranchisement of all our voters, or an
exempiion of our citizens from taxation?

I am most fully persuaded that all patriotic men will
agree with me in the desirability, at as early a day as
possible, of establishing free sufl'rage to all citizens, wilh
proper guards against frauds in its exercise, in Massachu-
setts, which makes its free institutions its proudest boast,
if it can be done without violation of any inhibition of
the Constitution.

If there should be doubt as to the constitutionality of
the proposition I have made, this much desired end can
be obtained by another legal method which has been twice
decided by the supreme court of the State to be constitu-
tional.

At the time of the enactment of the third article of the
Constitution in regard to sufirage, it had been the habit of
our fathers in the annual tax-act, which was then the
method of authorizing the assessment of taxes, to exempt
by law from taxation, classes of persons such as ministers
of the gospel, instructors in public seminaries, and the
like persons to whom such exemptions had been granted
by law, "as one mode of making up their compensation
for services."

Let, therefore, a nominal poll-tax for state purposes be
assessed as now on the polls of the citizens, and then if

Gd6 ' Goveknor's Address.

any citizen chooses to pay it, by doing his duty as a citi-
zen by voting, let that act be a discharge and payment of
such tax.

That would be a payment "in kind" by the freeman
doing his duty as our fathers required him to do it, by
tining him if he did not attend town meeting, as we have
already seen.

This construction of the Constitution has been twice
passed upon by the supreme court. First in 1833, re-
ported in the 11th Pickering, p. 538, which decision was
afSrmed in 1843 in an opinion of the justices of the
supreme court in the 5th Metcalf, p. 591. The court
there says that, —

" Although this class of persons exempted by law has been dimin-
ished by succeeding legislation, it does not alter the meaning of the
Constitution in this respect."

In other words, the Constitution, by the exception in the
third article, Avhich I have already cpioted, put it in the
power of the legislature to say what classes of persons
should be exempted from state and county taxation in
consideration of their employment or position in life, as
the legislature could exempt i'rom military and jury dut}',
which is a tax upon all citizens, such citizens as, for rea-
sons controlling the legislative judgment, seemed to it
proper.

May I be permitted, respectfully but firmly, to impress
upon you the very great necessity for this change ? Free
suffrage is a right and immunity guaranteed l)y the Con-
stitution of the United States, and enforced by a penalty
upon any State that shall refuse it to a citizen of the
United States who is also a citizen of that State.

The XlYtli article of amendments declares :

" No state shall make or enforce any law which shall abridge the
privileges and immunities of a citizen of the United States, nor deny
to any person within its jurisdiction the equal protection of its laws."

Is not the right to give his vote in the election of his
rulers, and in the enactment of the laws which shall govern
him, l)y every theory of our government, one of the
"privileges and immunities" of a citizen of the United
States, he complying with all laws regulating the exercise
of that immunity and privilege, which extend to all alike?

Goyeknor's Addrp:ss. 637

In practice, does not a property or tax qualification
upon the voter bear unequally and unju:5tly upon him?
If a small sum be made a prerequisite, then, with perfect
parity of reasoning, a large sum may be imposed, which
would put this franchise of freedom in the hands of the
few only, who can then say, as the Roman captain
answered to the apostle, "With a great sum obtained I
this freedom ; " and no Paul can proudly reply, "But I
was free born ! "

If any should doubt whether the right of voting is one
of the "privileges and immunities" secured by the first
section of the XlVth article of the Constitution, let him
read the second section of the same article : —

"But when the right to vote at any election for the choice of
electors for president and vice-president of the United States, repre-
sentatives in congress, the executive and judicial officers of a state,
or the legislature thereof, is denied to any of the male inhabitants of
such state, being twenty-one years of age and citizens of the United
States, or in any way abridged, except for participation in rebellion
or other crimes, the basis of representation shall be reduced in the
proportion which the number of such male citizens shall boar to the
whole number of such citizens twenty-one years of age in such
state."

The second section thus puts a penalty, i. e. , the loss
of representation in congress, upon any State which shall
in any way abridge the right of a citizen of the United
States twenty-one years of age and upwards to vote,
showing conclusively that voting is one of the " privileges
and immunities" which the first section declares no State
shall make or enforce any law to abridge.

Passing by the undisputed question of its justness, let
me advert to another consideration.

I have said already that this measure seemed to be
necessary for the well-being of the State and country.
The United States census of May 1st, 1880, shows that
there were in Massachusetts 502,(318 male persons above
the age of twenty-one years, and the rate of increase will
now give us 535,692, out of 1,783,085 inhabitants. The
largest vote ever cast in the State, in November of the
same year, was for president, 282,512. The same census
shows that there were males twenty-one years of age and
over, neither aliens nor illiterate within our constitutional
requirement, 447,083. These would be entitled to vote
except for the hindrance of the poll-tax and the impedi-

638 Goverxoe's Addeess.

ments made by our laws of registration. This failure to
vote has been alleged to be " indifference of voters."

As we have seen, the largest vote ever cast was 282,-
512. Taking that from the total number of possil)le
voters, 447,083, it leaves 164,571 practically disfran-
chised and not voting, or 36^^^ per cent, of the voting
population of the State, the total vote actually cast being
but ^'^^io P^^' <^6iit- of the voting population.

It will be also found that there are fewer voters in
Massachusetts in proportion to the number of male citi-
zens over twenty-one years of age than in an}'' other State
but five, North or South, however sparse and scattered
the population of sucli State may be, while Massachusetts
is one of the most compact and thickly settled of all the
States.

The granting of the right of equal suffrage fully and
freely is a great measure of safety to the State, to its
good order and the security of life and property. We
have seen how large a percentage of men in the State
cannot, or do not in fact, for rea?ons which will be stated
hereafter, exercise this right. Our laws, as now adminis-
tered, allow them to take no part in the government, A
large and fast increasing minority of the citizens of the
State are deprived by our laws, and their execution, of
any part in its concerns. They feel that they have not
been permitted to take part in framing the laws under
which they live. To such class of persons such laws
seem and are oppressive. To them they have not given
their assent or dissent. They have the ballot neither as
a power nor a protection. Will they not look, then, fur
other combinations rather than legal ones, as a means of
redress for real or supposed grievances? On the other
hand, give them the ballot and they will conservatively
use it under and according to the law for the redress of
their grievances. It may be said that thc}^ now have
equal rights and equal powers with all other men. Not
true ; but if it Avere, not by laws of their own mak-
ing. Hold them with these oppressive laws of depriva-
tion of their rights and they become the Pariahs of
societ}^ and will look to communistic association outside
of the pale of the laws, for the protection and rights that
they should have by the law. The argument put ibrth by
some — the luireflecting — against equal rights and powers
being accorded to all men, is that a dangerous class will

Governor's Address. 039

arise. Not so. Power makes all men conservative, an<l
sense of undeserved oppression makes all men lawless.
Remember, that upon this class of citizens the State must
rely for the military power which mu?t enforce your laws.
Wh}^ then, strive to make them unhappy, discontented
and hiwless?

Fortunately, the abolition of the tax qualification for
voting is not a question which now divides political par-
tie^.

In the Constitutional Convention of 1853 an amend-
ment to strike it out of the Constitution was passed by a
vote of 206 to 53. It was snpported by the entire
Democratic party of that day, headed by the venerable
jurist Marcus Morton, — and all insisted that suffrage was
a natural right.

It was supported by the men who gave birth to the
Free-soil party, the nucleus of the Repnl)lican party, and
was advocated by such men as Joel Parker, Chief Justice
of New Hampshire and head of the Harvard Law School,
Charles Allen, John B. Alley, Francis W. Bird, George
S. Boutwell, Anson Burlingame, Henry Chapin, Richard
H. Dana, Jr., Robert T. Davis, John M. Earle, Charles
Sumner, Amasa Walker, Nathaniel P. Banks, Jr., and
Henry Wilson.

No more learned jurists, no better statesmen lived in
that day in Massachusetts, nor have lived since.

Vice-President Wilson used, in regard to tax qualitica-
tiou, the following nervous and eloquent languiige : —

" Poverty is bilter enough to be borne without the degradation of
disfranchisement. . . . That constitutional provision which would
deny to the poor man who could not pay his tax-bill, the right to
vote, should l)e forever blotted out of the Constitution of a Christian
Commonwealth."

Afterwards, two Republican Congresses by two-thirds
majorities gave suffrage, free and untrammelled, to every
white man and four millions of freed slaves by the four-
teenth and fifteenth amendments to the Constitution which
were adopted by three-fourths of the States, most of them
Republican, one of Avhich was Massachusetts.

The doctrine of absolute free suffrage remains a cardi-
nal principle of the Republican party to-day, nowhere
better or more eloquently stated than by one of her
chosen representatives (who might well have been now

640 Governoe's Address.

addressing you), in a carefully prepared oration, deliv-
ered at Tremont Temple, upon questions of Republican
principles in the late political campaign.
Mr. Crapo says : —

" What are these questions which demand our attention to-day ?
They are the questions of free and fair elections, the absolute enjoy-
ment by every man in this country of the right to vote."

The Eepublican party, through its administration, and
by its entire organization, struck hands with the progres-
sive Mahone, of Virginia, and in the election of 1882
caused the poll-tax qualification to be stricken from the
Constitution of that State by the decisive majority of
107,303 to 66,171.

Opposition to a property or tax qualification for sutfrage
has been the doctrine of the Democratic part}^ every-
where, except when led from the principles of true de-
mocracy by the influences of slavery, which all good men
thank God are gone forever.

Of the thirty-eight States five only tolerate it in their
Constitutions. It is for you, as legislators of Massachu-
setts, to say whether our old free Commonwealth shall
remain longer in the degraded column.

THE IMPEDIMENTS OF EEGISTKATION.

We have already seen the very great disproportion be-
tween the number of voters of the Commonwealth and
the number of votes actually cast. That disproportion,
however, is far beyond that which is caused by a tax
qualification. This arises from the impediments thrown
in the way of voting by our laws in regard to registra-
tion. Eegistration is a perfectly proper and necessary
regulation as a prerequisite to voting, but it should be
carefully guarded so as not to be a hindrance to the honest
voter in the exercise of his rights. Within a few years
there have been several provisions in regard to regis-
tration which are wholly unnecessary and obstructive.
In the first place, the registration in cities closes at a very
early day before the election, so that the voter is shut out
from his privilege without notice. He should have the
light, if qualified, to be registered down to the hour of
opening the polls.

In the second place, as the registry is administered, a

Governok's Address. 641

very large proportion of our voters have to be re-regis-
tered every year, and the fact that they have been once
registered, and voted, does not seem to be considered by
the registrars in making up the registration lists. I can
best illustrate this point by referring to what has abso-
lutely taken place in the registration of the city of Bos-
ton, and in so doing I give quite approximate but not
accurate numbers.

In 1880 there were about 58,000 voters registered in
the city of Boston. In 1882, when the registry lists
were pu])lished, there were only 37,000 names on the
registry lists. That was a striking off of some 21,000
names who had already once voted and shown themselves
qualified. Why leave those names off, unless some posi-
tive evidence was shown to the registry that they were
not voters ? Only from the second Monday of Septem-
ber, or for some thirty days, is there any opportunity for
the voter to get his name on the list. It is true that
that time is shorter in Boston than in any other city or
town in the Commonwealth, probaI)ly because there are
more voters to be left unregistered.

The registration law has been altered in some form al-
most every year for the last seven, and always in deroga-
tion and obstruction of the voter. The chanofes which I
would suggest are these ; Let every man of twenty-one
years and upwards, who is assessed, have his name pnt on
the registration list, to be stricken off by the registrar
after notice to him in case of any proof against him as a
voter, a name once stricken off not to be re-rejjistered in
any subsequent year until the right to vote at that time is
fully established by the voter. In other words, now, all
intendments in reojistration are afjainst the rijrht to vote,
and that the citizen is not a voter.

Why not put the intendment the other way, and let the
fact that a man has been a resident in the town for six
months, and has been taxed therein by the assessors, be
prima facie evidence of his right to vote, making at the
same time a provision that the assessors shall make in-
quiry at the time of the assessment as to the naturaliza-
tion, and save the voter from losing the time of two or
three days, more or less, to obtain his right of suffrage ?

I recommend that the reojistration laws be revised in
the light of these suggestions, and sufficiently guarded to
prevent frauds, without being an actual obstruction to,

6:12 Governor's Address.

and burden upon, the voters; and, above all, let them be
equal in all the towns and cities of the Commonwealth.
If there is need of a difference between the provisions of
cities and towns, let the same provisions be to all the
cities alike, and to all the towns alike ; and let the provis-
ions applying to the right of voting be published in the
public laws of the State in regard to all places, and not
be, as now, in regard to the city of Boston, in part omit-
ted from the volume of public laws ; for certainly laws
regulating the right of voting are public laws.

A FREE BALLOT AND A FAIR COUNT.

A free ballot requires freedom to vote and a fair count,
to make it the effective agent of a free government. His
vote should be given by the voter free from all intimida-
tion, oversight by, or even knowledge of others. For his
exercise of this great right the voter should only be ac-
countable to his conscience and his God.

Complaints, more or less well founded, have been made
that in Massachusetts, as in some other States, intimida-
tion and coercion of voters have obtained. That ballots
with distinctive colors and marks, to enal)le the commis-
sion of those wrongs, have been used. It is but just to
say that former legislatures wishing to blot out this
stigma upon the fair fame of our Commonwealth, have
endeavored by law to so limit the size, printing and ap-
pearance of ballots as in some degree to render the ballots
indistinguishable in the hand of the voter.

But why not strike at the very root of the evil at once,
and provide that all votes shall l)e enclosed in self-sealing
envelopes of the same size, quality and color, to be fur-
nished by the State? Then the size and complexion of
the ballot would be immaterial.

This is not an untried experiment in Massachusetts.
A law was enacted in 1851 by which all votes should be
cast in such envelopes, and remained the rule until 1853,
when the use of such envelopes was made, not compul-
sory, but permissive. From the moment of that change,
to vote a sealed ballot marked the man who used it ; and
such vote has rarely since been cast, although the law
still remains on the statute book which requires that en-
velopes for such purpose shall aln^ays be furnished at the
polls. The legal machinery is ready, and, to make it

Governor's Address. <j13

effectual, the permissive clause is only to be made oblig-
atory.

There is now in the manner of conducting our elections
a great scandal, — the want of accuracy in counting votes ;
so that in closely contested elections, recounts are con-
tinually demanded, and almost invariably show a differ-
ence from the original count.

Allegations are made of stufEno; and robbing ballot-
boxes. All this would be prevented by the use of the
envelope. The number of envelopes would always con-
form, in a well-conducted election, to the checked voters
on the voting-list. And as it is provided that any envel-
ope containing two votes should be thrown out, the pos-
sibility of fraudulent votes being cast would practically
be obliterated.

I commend this change, in the interest of free and fair
elections, most earnestly to your attention.

WOMAN SUFFRAGE.

There is another cognate subject to that which we have
been discussing, which has received encouragement in the
platforms of both political parties, and that is the right
of suffrage in women. For myself I believe th:it that
right is given them by the Constitution of the United
States. By the decision of the courts, I am overruled in
my action on this subject, but not in my convictions. It
is an experiment in our government which never has been
here practically tried. For alth(mgh women are allowed
to vote for a single class of municipal officers, yet there
are so many restrictions and impediments thrown around
it, that no woman with a proper spirit of self-respect
ought to allow herself to pass through the ordeal to attain
a useless privilege of voting thus invidiously. This, I be-
lieve, is the esteem in which it is held by a majority of
the most estimable women of the Commonwealth.

Women cannot be permitted to vote in this Common-
wealth, by our Constitution, for national or State officers
(except for presidential electors) if the law were changed ;
but they may vote, if the law so provides, in municipal
elections.

While this experiment ought to be fully made, yet it
cannot be so, as we have seen, without a constitutional
amendment. To make that amendment would take three

6^4 Goveknor's Addkess.

3'ears. If the experiment should turn out to be an un-
fortunate one, it would take three years more to restore
the C(jnstitutional provision.

There is one way, however, in which the experiment
can most advantageously be tried, and at the same time,
Avithout any possibility of mischief, settle a question
which, in my mind, will be determinative whether women
should have the ballot, and that is whether the majority
of women of this Commonwealth desire to vote. This is
aveired on the one side, and denied on the other; but
certain it is, if the great body of intelligent women of the
Commonwealth desire to vote they will have the vote, for
I believe that fact being known, no just man would
oppose it. I suggest, therefore, that a law be passed,
allowinof women to vote under the same reo;ulations as men
in municipal elections, which law shall take effect when it
shall be accepted by a majority of the women voting at
some general election.

Objection has been made that women do not desire to
vote because it would be unpleasant to go into the ward-
rooms and voting places. To obviate that ol)jection, and
to get a full and fair expression of the women upon this
question, whether they will accept and exercise the right
of voting, I would suggest that the women above twenty-
one should be registered, the place, by number, or other
sufficient description of residence, forming a pait of the
registry, and that every woman may deposit her vote, en-
dorsed with her name and place of residence in her own
handwriting, in the post-office, or in some proper box
provided for the purjDose, addressed to the proper officers
of election in the cities and towns where they reside,
within ten days before such general election, at which
time the officers of election may open, examine, and com-
pare the ballots with the registry lists and assort, count,
and declare the votes as in other cases.

Such a law would seem to be easily framed so as to cut
off all opportunity for fraud, very little temptation to
which would exist, and thus enable every woman without
trouble or discomfort to vote upon this question, and
instruct the people of the Commonwealth as to their
future action thereon.

Governor's Address. C45

ELECTION DAY A HOLIDAY.

As another adjunct to a full and fair vote, I would rec-
ommend that the day of general election be made a legal
holiday, with the same saft'guards as to observance as are
given to Sunday in this regard, that no liquor be sold,
and no liquor-shop be kept open between sunrise and sun-
set of that day. Now the courts adjourn, some other
classes of business are suspended, while others are not,
especially those requiring mechanical and manufacturing
and other labor. Such a law would be but just to the
large number of election officers who ought to have that
day for their official duties.

As the elections in all the cities are arranged so nearly
for the same time as the general election, I would suggest
that the election of city governments might take place on
ihe same day, each voter having then leisure to attend to
both ; and so save the cost, trouble and expense of
another day of election.

NATURALIZATION.

No just-minded person will doubt that, so long as the
theory of our ir.stitulions and the laws of the United
States invite to this country people from foreign lands,
and hold out to them as an inducement the terms upon
which they shall be received, welcomed and may become
citizens, any state legislation which tends to limit, impede
or hinder their enjoying to the fullest degree, in manner
pointed out by the laws of the United States, the prom-
ised privileges, is in so far an attempt at nullification of
the laws of the United States.

The federal statute says to foreigners that, upon doing
certain acts before certain courts of the United States, or
before "any court of a State having common-law juris-
diction, a seal and clerk," they shall, upon the terms
therein prescril)ed, become citizens of the United States,
and by constitutional provision " citizens of the State in
which they reside."

The supreme court of Massachusetts decided in the case
Ex-jmrte Gladhill, that this law included the minor courts
of the Commonwealth, such as police courts.

As a result of a political spasm directed against our
foreign-born population, which occurred in this State

G4^(j Goverxok's Adreess.

more than a quarter of a century ago, a law was put upon
the statute book restricting the application for naturaliza-
tion to the superior and supreme courts only, and regu-
lating the manner in which such application should be
made and considered.

To the regulations no objection can be perceived, but
the restrictions of the courts be3'ond the federal law are
unwarranted either in fact or law.

In a case of naturalizatitui the question to be adjudi-
cated is simply whether the applicant declares under oath
that he renounces and abjures all foreign allegiance, and
proves that he has resided within the United States five
years, and within the State one year at least, and during
that time has been " of good moral character, attached to
the principles of the Constitution of the United States,
and well-disposed to the good order and happiness of the
same." AVhat is there in this that cannot be determined
as well by the judge of a district or municipal court as by
a judge of the superior or supreme court? Nay, better.
The nearer the applicant resides to the judge the more
easily such judge could decide from his knowledge of his
neighbors and the witnesses appearing, whether the facts
were true.

The superior court may be held many miles — and, in
many cases, must be — from the residence of the appli-
cant. The presiding justice is an inhabitant, perhaps, of
the remotest part of the Commonwealth. The costs of
travelling, and attendance of witnesses beside the party's
own, in coming long distances, and perhaps waiting sev-
eral days for the purpose of having his case heard, are
burdensome as well as useless.

The fiicts to be proven are neither difficult nor in-
volved ; and it is not creditable to the Commonwealth
that its laws should pre-suppose the appointment of
judges in any court, however humble, who would be in-
competent, or too corrupt, to try such questions.

Surely, if the right of natuialization is to be allowed at
all, none ought to desire to inteipose hardship, restric-
tion, hindrance, or expense, in obtaining that which the
United States have given.

I would recommend, therefore, that the restrictions of
naturalization to the supreme and superior courts only,
should be repealed.

The dockets of those courts are now sufficiently over-

Goverxor's Address. 6i7

burdened with business, from which the courts are seek-
ing relief, and in so far they will be relieved b}^ having
this class of business taken from them and put in the
inferior courts, Avhere it can l)e more cheaply and better
done, and where jurors and parties in other cases will not
be kept waiting while it is being done.

No complaint has ever been made of any systematic
frauds in naturalization in this Commonwealth, and we
must take notice that of the many thousiuids of such
frauds alleged and proven in a neighboring State, all
were done in the superior courts of that State.

FEDERAL RELATIONS.

There has been for man}- years a standing committee of
the two houses upon federal relations. So far as I am
advised I know of nothing in the relations between the
Commonwealth and the United States at present, Avhich
needs either observation or recommendation, so far as
legislation is concerned. In former years homilies in the
shape of resolutions were sometimes addressed by the
legislature to the congress of the United States in form
of resolves reported by that committee. But that prac-
tice has been in late years " more honored in the breach
than in the observance," the theory of our government
being that in both branches of the national legislature
the State is represented by its chosen agents : and I
think the legislature may feel assured that the interests of
the State are safe in the hands of its agents lately chosen
to represent it in that body.

There is one matter to which I think your attention
should be called, and in regard to which, perhaps, in-
structions to your senators and representatives might be
of use. The Commonwealth has a very large claim,
Avhich, with its interest, should now amount to nearly a
half million dollars, for moneys expended under the
direction of the Executive of the United States in prep-
aration for coast defence against the Confederate cruisers.
That claim was presented to congress many years ago ; a
commission was appointed to audit it. It was audited
by the commission and the amount determined. That
amoinit remains due and unpaid. Afterwards the claim
passed the House of Representatives, but failed in the
Senate. A vigorous prosecution by our congressional

618 Governor's Address.

tleleg.'ition of a claim so confessed and audited, would, I
believe, give the State its just dues.

LABOR.

The relations of the employee and the emplo3^er ; the
methods of settlino; controversies between each other
which are among the most dangerous to peace and good
order, and are as yet without any sohiticm under the laws ;
the duty incumbent upon the employer to protect the
lives of those laboring for him ; what degree of care is
required from the master to the servant, or from the ser-
vant to the mjister, to use a legal phrase ; and what, if
anything, can be done by legislation to reguhite the hours
of labor, or enhance the rate of wages, are all subjects
too intricate and involved to be presented here and now
to yoiu- already overburdened attention, and may form
the subject of a further communication.

I read, however, with pain, from the Report of the
Chief of the Bureau of Statistics of Labor in 1875,
that

" In the majority of cases the workingmen of this Commonwealth
[upon textile fabrics] do not support their families by their indi-
vidual earnings alone. Fathers rely, or are forced to depend upon
their ehililren for from one-quarter to one-tliird of the entire family
earnings."

Especially is this so, as we can find nothing in the sub-
sequent reports of that bureau, to show that that condi-
tion of things has altered within the eight years since it
was written.

JUDICIARY.

No substantial complaint is made of the manner in
which justice is administered in the supreme or superior
courts of the Commonwealth. The decisions of our law
courts are cited as authority of the highest grade in all
the States.

There has been, however, and still is, complaint of the
delays of justice. These are nut the fault of the court,
but of the systems of jurisdiction under which they must
act.

The people also may justly complain of the enormous
and increasing expenses attending the administration of
the criminal law of the State. But this, again, is not the

GoYERNOPt's Address. GiO

fiiult of the courts, but of the system. The truth is, the
legal business of the State has simply outgrown the sys-
tem and method of judicial procedure. This sul)ject is
a very difficult and complex one. I will in another com-
munication give to the legislature such views of changes
and alterations of this system as I may be advised and
believe are necessary to remedy the evils of which com- .
plaint is made.

MILITIA.

There has been, since the organization of our volunteer
militia in 1840, an effective b(jdy of troops, ready, will-
ing, and able to do all the duties which they should be
called upon to do. What there is now of our militia is
in a very good state of efficiency, and well officered.
There seem to me to be but two defects in ourmilitia sys-
tem, — one is the very great expense, in comparison with
their nnmbers ; the other is in the manner of their
training.

In 1859 there were in camp, for three days at Concord,
5,333 officers and men. As that was an encampment of
the whole militia on one field, it was quite exceptional in
the amount of its expenditures. They were paid a per
diem of $2.50 for the men, and $5.00 for the officers.
The whole military expenses of that year were $66,~
0D8.80.

They were the men, two regiments of whom, on the
20th of April, 1861, were thrown into Fort Monroe, and
made it safe to the government from that hour. Another
regiment, the 6th, met its baptism of lire and blood at
Baltimore, on the 19th ; and another, the 8th, opened,
and kept open, the way between the capital and the North
via Annapolis. Large numbers of our militia became
officers of the volunteer troops of this and other States
during the war. They left their homes at an hour's
notice, and what they did demonstrates their efficiency.

In 1882 there were 3,274 officers and men in camp, at
Framingham, for five days. The pay of the men per
diem was $2,00. The pay of the officers had been
enacted to be the same as in the regular army, and the
amounts varied according to rank. The total amount of
our military expense for the past year was $153,500, from
which, for the purposes of comparison, the special ex-
pense of the reception of the President, of $9,926.76,

G50 Govekn^or's Address.

should be deducted. Of this total expenditure, the pay
of the men, including transportiition, was $54,(311.40. I
submit, these men were just as good, aud no better, than
their fathers of 1859-61.

From these figures it will be observed that, while the
cost to the State of the encampment at Framingham of
3,247 men in 1882, including the two days' extra time,
shows a small proportionate reduction of expenses when
compared with the cost of the encampment of 5,333 men
at Concord in 1859 ; yet the total military expenses for
the past year have exceeded by about $74,500 those of the
year 1859 ; while the muster-roll at the encampment in
the latter year as compared with 1882, shows over two
thousand more men present.

I give these figures to show that, for some reason, we
do not get, in the number of men who encamped, an in-
crease in the proportion to the increased expenditure, but
to the contraiy.

My criticism upon the training of the militia is that
there has been of late an attempt to make their discipline
too much like that of the regular army. The privates of
our militia are usually young men who enter upon that
service for the purpose of learning something of military
art, and also as a matter of relaxation and recreation.
The privates arc in many instances quite the equal of
their officers in all social and other qualities. A Massa-
chusetts militia-man will do anything for love of his officer.
He will do nothing for fear of him. The rule is quite the
reverse in the regular army. The militia, in the men who
compose it, is quite as unlike the men who compose the
regular army as can well be imagined ; and any attempt to
bring the militia-men when ofl' duty into the same rides
that govern the men of the regular army only disgusts
the militia-man with the service, and accounts for the
fcAvness of numbers who appear for camp duty.

So far as the commander-in-chief is concerned, this will
be remedied ; and if, upon further advisement, any charge
of law is necessary, it will be asked.

CRIMES.

No State in the Union has so large and full lists of
crimes and offences of the petty sort in her statutes as
Massachusetts. Our statutes punish as crimes many acts

Governor's Address. ^^1

of children which are left in other States to be corrected
hy the discipline of the parent. Many laws against
otfeuces, such as the non-observance of the Sunday law
by unnecessary labor, profane swearing and the like,
which seem to deter nobody from their commission, as a
rule are only enforced as a means of venting malice and
spite by a feAV individuals against their neighbors. These
laws bring Massachusetts into great disadvantage when
her criminal statistics are compared with those of other
States. To people out of the State, who look to the num-
ber only of our criminals, it would almost appear that
criminal offences with us were a state industry.

To the contrary I know from observation and compar-
ison of the statistics of crime for many years, that there
is no State in the Union that in fact has better ordered
communities, or fewer of what ought to be denominated
crimes, committed within her borders than Massachu-
setts.

There is one crime, however, which indicates such
depravity of heart, such disregard of life, such malice
toward all mankind, that the doing of it should be visited
with the swiftest and most condign punishment. I
recommend an act, in substance providing that whoever
wilfully and deliberately does an act with intent to derail
a moving train, propelled by steam on any railroad, shall
upon conviction thereof suffer death. Such a man is in
his heart a thousand times, it may be, a murderer of inno-
cent men, women and children, who have done and can
do him no harm. If by accident he fails in his nefarious
purpose to accomplish which he has done all he can do,
their escape is in the providence of God, and no merit of
his.

The public mind is shocked as we read, day by day, of
defalcations of trustees, treasurers, cashiers, and others
intrusted with the care of moneys not their own, and
pained at the loss of the earnings of a lifetime by their
owners, the cause being, in most cases, traceable to gam-
bling, followed in many instances by heartrending sui-
cides, increasing in number, of husbands and fathers.

We have laws now, to prevent losses by " games of
chance," but they are very far from reaching the evil, as
the amounts lost and won by them are trivial compared
with those of another and greater species of gaming.

In gambling, by selling by the one that which he has

652 Uoveexor's Address.

not to sell, and the buying by another that which he has
not the means to pay for, carried on by securing a con-
tract for property by depositing what are known as
" margins," in the hope of a rise or fall of the article
gambled in, under the many forms in which it is done,
most of the cause is found of such defalcations and ruin.
These evils in their extent are, comparatively, of late
development, but now affect the community itself. This
gambling is extended to quite all merchandise, but pref-
erably the necessaries of life. By large combinations,
the price of corn, wheat, and other articles of food is
raised to almost starvation prices, while the granaries are
bursting and the markets are overstocked ; but food can-
not be sold because of enhanced price regrated by such
means.

This is an offence at common law, but is rarely prose-
cuted.

The price even of cotton, the enormous supply of which
would seem to put it beyond regrating or monopoly^ upon
the use of which the happiness of so many of our citizens
and the prosperity of our State so largely depends, has
also been in a great degree regulated by these methods.
Conservative business men, treasurers of large manufac-
turing corporations, have been tempted into buying their
supplies of cotton in what are known as " iutures," leav-
ing the price to be determined by chance ; that chance
however controlled by wicked conspiracy, thereby ruin-
ing themselves, destroying the enterprises they repre-
sent, and thus reducing to starvation thousands of labor-
ing men and women.

I admit that these evils are difficult to reach by legisla-
tion ; but I believe that difficulty is not insuperable. I
recommend the matter to your careful consideration.

THE REFOEMATORY, CORRECTIONAL AND PAUPER INSTITU-
TIONS.

The greatest ordinary expenditure of the State is to
defray the expenses of its reformatory, correctional and
pauper institutions. I have chosen to group these. They
consist of the state almshouse, the state primary school,
the state woikhouse, the reformatory prison for women,
the state prison, the reform school lor boys, and the
industrial school for grille.

GovEEi^^oii's Addeess. G53

I have not been able to obtain in time all the actual
expenditures of these institutions for the past year, and
therefore take the appropriations passed by the late legis-
lature for their current expenses, and for salaries, and
expenses of salaried agents, in the following sums : —

Current Salaries.

Expenses.

Almshouse, Tewksbury, $73,0C0 |20,000

Workhouse, Brid^ewater, .... 29,000 11,000

Primary School, Monson, 35,000 17,000

Reformatory Prison for Women, . . . 47,200 23,000

Reform School for Boys 15,000 15,000

Industrial School for Girls, .... 9,000 5,600

State Prison, 82,300 54,800

Total expenses $290,500 $146,400

Expenses of agent for discharged female prisoners, . . $2,300

Salary of agent for discharged convicts, .... 1,000

Expenses of agent for discharged convicts, .... 3,000

Contingent and travelling expenses of prison commissioners, 1,600

Salary of secretary of prison commissioners, . . . 2,000

Inspector of Charities*:

Office and incidental expenses, .... . 8,000

In-door poor, " " 24,000

Out-door poor, " " 17,000

$58,900

Add $58,900 for these salaries of oversight and inspec-
tion and we have the large appropriation of two hundred
and five thousand three hundred dollars ($205,300) to be
expended as salaries in one year for superintendence in
taking care of the paupers and convicts of Massachusetts,
or 70 per cent, of the whole amount appropriated for their
support and well-being.

It is not forgotten that there are very considerable
appropriations for payment to cities and towns for sup-
port of state paupers ; but, of course, these paupers in
the city and town almshouses have their own proper care
and attendance. And I have also left out some minor
items which will not very materially affect the result of
comparison of salaries to other expenditures.

It is true that in the term "salaries" the legislature
includes the payment of employes to have care of these
prisoners and paupers, as salaried persons. The number
of outside persons who ought to be hired to-do any labor
in those institutions other than for supervision should be

C51 Govern^oe's Address.

very small ; for most of them have laboriug men and
women under their charge, who should generally be able
to do all the manual service required.

And it is also to be observed that I have not included
the appropriation for the insane poor in hospitals, although
I am inclined to believe the disproportion there would be
quite as striking.

In addition to this, in my judgment, vastly dispropor-
tionate amount of salaries to all other costs, all the salaried
oflScers and employes (with the exception of the inspectors
of charities and of in-door poor and out-door poor, the
agents of convicts and their clerks), have their living
expenses furnished them at the several institutions wdiere
they are employed, which are taken from the expendi-
ture for maintaining the paupers and prisoners, of the
amount of which no items appear.

Now, it may be assumed that the lowest amount any
officer or employe elsewhere, pays from his proper salary
for himself and family, for house rent, heat, light, living
and Avashing, especially if he ent^tains from the same
fund his relatives and friends, is one-third thereof. We
then have a further addition of $48,800, making salaries
and agents' expenses in fact more than 87 per cent, of
all other current expenses for the welfare of the prisoners
and paupers, from which there should be a corresponding
deduction of $48,800, showing that the appropriations for
the expenses for salaries and agents are more than those
of all other expenses for supporting the poor by $12,000.

To illustrate how this question of such support of so
many officers and their families affects the amount neces-
sarily expended for the care of paupers, I quote certain
items Avhich I find charged to expenses of living of the
paupers at Tewksbury almshouse, taken from the auditor's
report for the year 1882. It will be remembered that that
almshouse is Avholly devoted to the care of, foreign sane
and insane persons, largely women and children, who,
apparently, before they came there, w^ere not accustomed
to a very high style of living.

Taking as the principal articles of provision which
should be used in such a house, fresh and salt beef, I find
the amount expended for beef of both kinds during the
year to be $0,847.75. I find also that for tea, coffee,
butter, cheese, chocolate, tobacco, eggs, sugar and milk,
the amount charged to the support of the paupers is

Governor's Address. G55

$12,269.81, or nearly twice as much as the beef. This
was iu addition to the milk, butter and ego^s raised on a
ftirm of 245 acres. We can partly guess how much of
these articles of luxury were given to the paupers, and
how much was appropriated to the large number of salaried
officers, their families, friends, and employes, who were
in charge.

It may not be improper here to call to mind that, under
our laws as they now are, all these expenditures are under
the sole control of the state board of health, lunacy and
charity, and the prison commissioners.

It will doubtless be remembered that in 1878, in the
course of the political canvass, observations were made
upon this class of expenditures, in connection with the
several commissions of the State, calling public attention
to what was claimed to be extravagance and impropriety
of administration in this regard.

An executive and legislature were chosen that year,
composed of the political friends of those holding places
on the several boards and commissions. That legislature
abolished and changed all boards, commissioners and
agencies having anything to do with the pauper and re-
formatory institutions of the State, — some ten in num-
ber,— and created instead a board of health, lunacy and
charity, consisting of nine persons, to be appointed by
the Governor, with the advice and consent of the Council,
who shall hold their offices for five years ; which board
shall have all the powers, and exercise all the functions of
the boards abolished, and all of the bureaus and their
agents, and assign all the duties thereof to their agents,
appointed for the purpose; and to exercise any of its
functions by agents or committees appointed by said
board. The board was given supervision of all charitable
and reformatory institutions, and when directed by the
Governor, may exercise the powers and duties of all
boards of trustees of charital)le and reformatory institu-
tions, including the lunatic hospitals : and they were to
act as commissioners of lunacy. They were given power
to appoint, with the consent of the Governor, and he con-
sented, such officers as were necessary, and fix their
compensation ; and were to make their own by-laws, and
make a report of their doings to the Governor and Coun-
cil, on or before the thirty-first day of December in each

656 Governoe's Address.

year, the report to be made up to the thirtieth day of
September in each year.

The same Act provided that a board of seven trustees
should be appointed, — two of whom were to be women,
— to have charge of the state reform school at West-
borough, the industrial school for girls at Lancaster, and
the primary school at Monson, who were to hold their
offices for five years ; also, a board of trustees of the
state almshouse, who should hold their offices for three
years ; also, another board of trustees of the state work-
house, who should hold their offices for three years ; and
that the superintendents and physicians of the state in-
stitutions, except the lunatic hospitals, should be elected
annually by the board of trustees ; and that the other
officers of those institutions should be appointed by the
superintendents, with the approval of the trustees.

This Act did not interfere with the appointment of the
officers of the four lunatic hospitals, which already were
governed by boards of trustees, having definite terms of
office, who were to appoint their own officers.

The same legislature reorganized the board of harbor
and land commissioners, givinof them fixed terms of office.

The same legislature also created a board of })rison
commissioners, who should have the special oversight of
the state prison, the women's reformatory prison, and a
general oversight of the other prisons of the Common-
wealth ; and, with the exception of the warden, chaplain
and physician of the state prison, and the superintendent,
treasurer, chaplain and physician of the women's prison,
all other officers and employees of these prisons were to
be appointed subject to their approval.

This Act also legislated into office the three incumbents
of the old board.

It will be seen that substantially every commission and
their officers, agents, and employees, having to do with
the expenditure of the money of the Commonwealth, were
thus placed beyond the power of the Executive branch of
the government, and beyond the possibility of au}^ change
in actual administration of the government by the people,
in a single year, or even a series of years, of disturbing
this body of commissioners, boards, and trustees, who
were to have charge of very large expenditures and the
appointment of nearly all the officers and employees
thereof.

Governor's Address. 657

Beyond question, they were put out of the reach of the
Governor and Council so long as they behaved themselves
well in their offices. There was a doubt whether they
and theirs were safe if they acted improvidently, care-
lessly, or corruptly. This sole possible danger to those
commissioners and other officers must therefore be
averted.

This was done; and all were saved, the good and the
bad, by an Act of the legislature of March 3, 1881, as
follows : —

"Appointments made by the governor, or by the governor and
council, may be by them revoked at any time for cause, unless the
tenure of office or trust is expressly determined by the constitution
or by law."

You will observe that "office or trust" will cover all
classes of civil officers appointed by the Executive, who
have charge of the expenditures and property of the
State. By these statutes, substantially all expenditures
of the State and all the officers who have to do with them,
are wholly beyond the reach of the Executive power of
the State or of the people of the State, save through the
legislature which might reach them by abolishing their
offices.

The novelty and ingenuity displayed in the phraseology
of this act, — the first part of it conveying the idea to the
mind that it was a law giving power to the Executive to
remove for cause, the sweeping but apparently innocent
exception seeming to provide only for the life tenure of
judges, and its adaptation of means to the end, would en-
title its inventor to a patent except for the doubt of its
usefulness.

It is hard to resist the inference that such an ingeniously
constructed enactment was not made with a purpose, and
that purpose to remove all the lucrative offices of the
State from the control of the people or the Executive.
At any rate, as the law now stands, any of these officers
may commit any crime and be put into the state prison
for so doing, — and it is not unheard of that persons con-
nected with the state government have committed crimes,
— and still they cannot be removed from office.

Nay, these boards and commissioners were not only
removed beyond the Governor's control by law, but, if
possible, beyond the control given him by the Constitu-

658 Governer's Address.

tion. It will be observed that these boards are to report
by law but once a year to the Governor and Council,
whereas by chapter II., section II., article XII. of the
Constitution : —

" All public boards . . . shall, once in evevy three months, offi"
eially and without requisition, and at other times when required by
the governor, deliver to him an account of all goods, stores, pro-
visions, . . . and of all other public property whatever under their
care, respectively ; distinguishing the quantity, number, quality, and
kind of each, as jJarticularly as may be."

Let me not be misunderstood. I say here and now noth-
ing concerning the conduct, character or standing of any
member of the boards or commissions. I am commenting
upon the system of unaccouutability and uncontrolability
* which may be the result of the Act establishing them,
intrenching them and their subordinates in office. I call
the attention of the legislature to the laws which put
nearly all subordinate departments of the government
beyond the power even, of the supreme executive depart-
ment. That department cannot investigate them or their
agents, officers, employees, or the acts, doings or official
integrity of any of them. The Governor, or Council, or
both, cannot ask of any of them a question relative to the
public service or their public duties, which either of them
is obliged to answer. The Executive has no power to
correct abuses, even if known and flagrant.

The history of all governments has shown that adminis-
trative powers exercised by a board induces corruption
and carelessness in its members and agents. This rule
obtains, however high and noble may be the position of
those composing the boards, or however humble and in-
significant. The board of directors of the East India
Company, and of the board of supervisors of the Union
Workhouses in England, illustrate this truth.

Philosophic political writers have always maintained
this proposition. Jeremy Benthara says a *' board is a
screen." That is to say, agents use the board to cover
their acts, and it is all the more useful as such, if com-
posed of men of high character who have only a perfunc-
tory interest in its operation. No thing was ever well
administered by a board in which the members had no
interest. Therefore, all well considered laws, erecting

Governok's Address.

659

corporations always provide that the directors shall be
stockholders, whether in banking or other business.

Even in business corporations is it not a well-known
fact that most of them are at last managed by one man,
usually a subordinate? If he desires to do wrong the
board becomes a shield, and no less an effective shield, if,
as in the cases of the boards we are considering, a sprink-
ling of most estimable ladies are put into it to till the eye,
and administer to the sentimentality of the. public.

To show the legislature that management by boards is
expensive, and speciall}- if a large one, I present the fol-
lowing table, showing the great increase of cost of taking
care of the sane and insane paupers of the State, taken
from the public records and reports. It will be remem-
bered that for a series of years prior to the year 1864 the
state paupers were under the charge of the " alien com-
missioners."

Table.
Comparative Costs of Supporting the Sane and Insane Faiiiyers for

Five Years from 1859 to 1863, iyiclusive, and for Five Years

from 1877 to 1881, inclusive.

Whole

Average

Cost of

Co5t of

Cost of

luimljer

Total cost to

support of

support

one

for live

of pau-

support for five

one pau-

of one

pauper

yeara.

pers each
year.

years.

per for
five years.

pauper
one year.

one
week.

per
day.

Sane and in-

sane paupers

supported

under Alien

Commission

from 1859-

63, inclusive,

15,013

3,002.6

f 1,115,145 28

f371 40

$74 28

$1,473

$0,204

Sane and in-

sane paupers

supported

under Boards

of State Char-

ities from

1877-81, in-

clusive,

11,034

2,260.8

f 1,740,347 47

$769 79

$154 00

$2.96 $0,423

By examining the table it will be found that the cost of
supporting the same number of sane and insane paupers
under the Boards of State Charities was slightly more
than double the cost of supporting the same number of
sane and insane paupers under the alien commission. If

6(50 Goveknok's Address.

the Boards of Charities had supported the 15,013 paupers
which the alien commission had in chars^e at the same cost
as the 11,304 which the boards did support, the loss to
the State would have been $1,090,141.84.

This table includes nothing l)ut the sums actually paid
for the costs of the support and supervision of the same
class of paupers, all other expenses having been left out
m both cases.

It might strike the mind in looking at these figures that
the discrepancy in cost might be attributed to difference
in price of provisions ; but if it is borne in mind that the
last three years we have taken of the alien commission
were during the war, and that war prices obtained for all
the staples of life in 1862 and '63, it will be seen that that
consideration will in no degree account for this great dif-
ference in cost.

So far as I can see, this enhanced cost arises from the
very large increase of expenses of salaried oflScers, agents,
the difference in system and management, and the want of
any sufficient accountability for expenditures.

In addition, I submit the following table of the compar-
ative cost of support of the same class of persons by the
state board and the counties, from report to Board of
Health, Lunacy, and Charity, 1881, Pub. Doc, No. 17,
Table VIIF., p. 43: — Worcester Hospital and Asylum;
Taunton, Northampton, and Dan vers Hospitals; Tewks-
bury iind Bridgewater Almshouses ; and Monson, West-
borough and Lancaster Schools.

Governor's Address.

Net Cost to the Public for the year 18S1.

661

Average
No.

Cost.

Pkr Head
PER Year.

Pee Head

PER Week.

Above State Institutions,

4,374

$713,200

1163 05

$3 13

By Counties, Table 1, p. U

Suffolk County, .

1,594

248,414

158 98

3 05

Mitldlesex "

892

116,582

130 57

2 51

Essex "

895

104,799

117 09

2 25

Bristol,

492

63,836

129 75

2 49

Worcester "

758

91,899

121 24

2 33

Hampden "

317

39,813

125 59

2 41

Berkshire "

196

24,542

125 21

2 41

City of Lowell, .

174

16,041

90 46

1 55

" AVorcester,

15,310

164 62

3 17

" Lawrence,

107

15,218

142 22

2 73

" Springfield,

12,161

133 64

2 57

" Salem,

157

14,430

91 91

1 57

" Taunton, .

11,450

128 65

2 47

" Fall River,

145

19,020

131 17

2 52

" Gloucester,

8,101

139 67

2 69

" Newburyport,

9,015

140 86

2 71

It will be noted that of the 1248,414 expense in Suffolk
County, $148,000 were for insane; hence the high cost
per person.

Why should it cost less in the town almshouses in the
several counties, including the insane supported there and
boarded in the state institutions, than it cost the State?

I shall have occasion further to illustrate the tendency

CG2 Governoe's Address.

to extravagant expenditure, in speaking specially of other
institutions.

Mau:igement by boards always is the subject of- scandals ;
and sometimes without any sins of commission on the
part of members of the board, but by their subordinates,
who find the board a convenient cover for their nepotism
and peculations. In one of our pauper establishments
there have been employed, under the board of state char-
ities, from four to seven, for many years, in the same
family, in the higher, most responsible and best paid
places, drawing as salaries from four to six thousand dollars,
besides the expenses of the living of all of them ; all sons,
wives, and daughters, by blood and marriage, to the
superintendent. Could any intelligent head of a great
business concern justify himself for such class of appoint-
ments ? Would anybody expect to learn anything of the
misdoings or shortcomings of any of such officers from
either of the others?

Have there not been scandals, public and well known,
for years in that institution? Was it not charged, and
never denied, that, for years, of the infants born in or
sent to that institution, more than ninety per cent, died
as such ? All of these did not fill an infant pauper's grave,
even ; for it can be shown that fi'om one hundred and fifty
to two hundred and fifty infant corpses were annually sold
as merchandise to a single medical institution in the State,
for from three to five dollars each. Many, if not all,
came from thence, besides large numbers of bodies of
pauper adults, furnished for other medical purposes, and
sold as merchandise for very considerable sums ; and that
done secretly, and not under and in accordance with the pro-
visions of the law, which, under certain safeguards, permit
almshouses to furnish the unclaimed bodies of deceased
paupers for dissecting purposes to surgeons and medical
schools, according to the decent and humane provision of
the statute. Was this not in testimony before a grand
jury? Has it not been publicly known? What record
has the State of these dead infimt children, to whom it
took the place of parent? What account, even, has ever
been returned of the price of this merchandise of the
Ghouls? What record of birth or death or burial place,
by which such bodies could be identified or classified?

It is also true that since these scandals were made public
the infant children have been sent away from Tewksbury,

Goverxor's Address. GG3

so that, as was reported last year, there were one hundred
and four births and only live infant deaths there. But as
those were neither " deserted children nor unbound found-
lings," we have no statistics of what has become of them.
But the following extract from the report of the state board
of health, lunacy and charity for the year 1881 Avill throw
some light on the question :

" After years of eflFort and careful experiment it was found impos-
sible to save the lives of the foundlings sent to Tewksbury. [Why
impossible for a healthy child to live in Tewksbury almshouse ?] At
the same time the large number found dead in Boston and its vicinity,
and the great mortality among this class in that city, attracted public
attention, and some action was desirable."

Now such infants are soon removed, and farmed out for
care, to various persons, and the public are shocked to
hear in the public prints of their deaths in passage.

Bab3'-farming has always been, in all countries, and all
times, a fruitful source of scandals and brutal crime; and
we have no sufficient record in the reports of what has
become of the large number of children born in our pau-
per institutions, although we have some statistics of those
taken up as " deserted or foundling."

I have searched the book of reports in vain for facts by
which I might be able to refute these scandals, but can
find no data given by which I may.

I have heretofore spoken of the immoderate expenses
of this institution.

The question may be asked : Why did not the trustees
or supervisors expose those iniquities? To that I answer
that, years ago, a reverend clergyman, speaking of one
of the trustees of this institution, who was his parishioner,
in a public sermon stated in substance that he asked his
parishioner how he could afford to leave his business and
be the trustee or supervisor of such an institution without
pay ? And his reply was that he made enough out of the
commissions on what was bought by it to pay him for his
time. And although this sermon was printed and pub-
lished, yet no investigation was had known to me, and I
am certain the facts never came to the late Executive,
because that trustee was reappointed within a year, and
remains under your laws a fixture in office, not to be
turned out, or investigated even, by any power in the
Comtuonwealth except the great legislative power, which

661 Govekxok's Address.

from my knowlege and experience of public business in a
cognate body is of necessity tlie most unfit of all possible
tribunals for investigation of facts.

THE STATE PRISON.

The approjiriation in 1882 for salaries was $54,800 ; for
current expenses, $73,000. It is true ttiat the necessary
watchmen in the prison may well increase the number
of salaried oificials.

All these expenditures are substantially made by the
warden, who reports to the board of prison commissioners,
which board was, as we have seen, reorganized in 1879,
and became a law unto itself.

It has passed into history that improvidence, to speak
no more harshly, w'as shown in the removal of the prison
and location of the site, and the expenditures in the erec-
tion of the building and the arrangement of the prison at
Concord. All this was done against the protest of the
ablest men having in charge the reformatory institutions of
the State ; and it is now difficult to find who is responsible
for this change.

The question is one not without argument in the affirma-
tive, whether it would not be better for the State, notwith-
standing the immense sums expended at Concord, to return
to the old prison at Charlestown. The cost of transpor-
tation of prisoners, the most of whom must come from
near the centre of population, and the freights on supplies,
are no inconsiderable item. The sanitary conditions of
the site are not what they might be.

The location of the Concord prison, away from any
large population, which has its police and military forces
ready to be called upon if needed by the warden, tends to
incite in the prisoners hopes of escape by breaking out or
insubordination within the walls of the prison. True it
is that, ibr yeavs past, there has been a very unsatisfactory
state of discipline in that prison. It is historical, also,
that the only dangerous outbreak of prisoners while at
Charlestown had to be quelled by the assistance of the
United States marines from the navy yard.

It would seem either that the causes that I have named,
or the incompetency or impropriet}' of conduct of those
in charge of the prison, must have produced this want of
discipline and insubordination, for none other can hardly

Governor's Address. C65

be conceived. Prisoners must be taught implicitly to
obey all rules for their government, and it should be the
duty of the Executive to see that those rules are reason-
able.

The unwillingness of the convicts to labor, and, in
some instances, the failure to find contractors competent
to employ their labor, has, among other things, made
the prison not self-supporting, but an actual charge to the
Commonwealth. From 1866 to 1873 inclusive, the pris-
oners were self-supporting as to all expenses, and in the
latter year they earned quite forty dollars per man above
their cost, or $23,422.42 net income to the State. The
prison has not been self-supporting since. In 1881 the
prisoners earned $40.76 less per man than their cost,
leaving $28,613.52 to be paid by taxation, or a net loss
to the State of $52,035 94 as compared with 1873.

The commissioners in their report for 1881 state that
the expenditures have increased ten thousand dollars over
the previous year. This, they say, is due in part to
advance in provisions and in the item of coal consumed-
They also say that the average number of prisoners for
the past year being only 702, is a cause of increased cost
and decreased earnings.

But in 1873 the whole number of men was 586, agiiinst
702 in 1881, and the total cost per man was $193.18 in
1873, as against the cost in 1881 of $167.60; and in the
first year the fewer prisoners earned $40.76 per man more
than their cost.

Fortunately, this institution is, as to its management,
in some degree, within the reach of the Executive.

I respectfully submit that much may be done by legis-
lation to improve the discipline of the prison, and make
the institution efficient as a reformatory, and to cause the
labor of the prisoners to be self-supporting.

The prisoners are congregated there in large numbers,
without hope — without anything to which they may look
forward, except the expiration of their respective sen-
tences, and without any sufficient inducement to good
conduct because the time of a sentence runs as well for
the insubordinate and sullen prisoner as for the good one.
The prisoner has no encouragement to labor cheerfully
and efiectively. It profiteth not him or his. He goes to
a daily task, irksome and hopeless.

Might not legislation change all this, by providing that

666 GovEENOR-s Addeess.

every prisoner, by working steadily and efficiently, and
obeying all the rules and regulations imposed upon him,
may work off a portion of his sentence every month,
according to his deserts — say ten days out of every
thirty, as the highest reward of merit ; and a less number
for less exertion, and less obedience and good conduct.
Now, only obedience to all rules counts.

I believe that this would do more to prevent insubor-
dination and outbreak than guards, solitary cells, bread-
and-water diet, or other punishments.

Of couise, this could not apply to those with life sen-
tences; but still, good conduct and assiduous labor by
them could easily, by law, be made a merit to shorten
even life terms, through the pardoning power.

Might not a certain percentage of the earnings of the
prisoner be invested in a fund, apportioned according to
his deserts and length of service, and be given the pris-
oner when he is discharged, to start him in the world
again — this percentage to be enlarged when the prison
becomes self-supporting? Would not such provision be
much better for the self-respect of the convict, being his
own, than the pittance that now is doled out to him by an
officer known as the " Agent for aiding discharged con-
victs," who spent, in 1881, $2,654.43 in relief of the
convicts, and appropriated $1,340.80 to himself, for salary
and other expenses, in so doing ?

AYould not another good result from this treatment of
the prisoner? Experience, I doubt not, would show
that, under it, nearly all of the convicts could be trusted
to work out of doors, and upon that kind of labor which
would not come in direct competition with the skilled
labor of the honest mechanic outside, as the present sys-
tem of employing convict labor in manufactures, in the
state prison and houses of correction, now does.

This method of employing convict labor is not wholly
theoretical with me, but experimental. Within the limits
of my command during the war, I found a large number
of men who for various crimes, military and other, had
been sentenced to longer or shorter terms at hard labor
by courts-martial and military commissions. Upon in-
specting them I found that hard labor consisted princi-
pally in frolicking all night and sleeping all day, because
of the lack of proper employment. No in-door work
could be provided for them, but putting a distinguishing

Governor's Address. ^^'^

uniform on them, under a few men to guard and control
them, I put them at labor in cleaning the streets of a
hostile city, giving them the inducement to good conduct
which I have sketched. Although they were employed
afterwards miles away from the army in repairing a brenk
in a canal in the enemy's country, not a man was lost by
escape, and a better and more efficient body of working
men I never saw.

Nor were they a ditFerent class of men from those men
now in our state prison, except, perhaps, worse ; for it
is well known that the exigency of filling quotas largely
emptied the prisons of Massachusetts and other Northern
States into the army.

If the legislature will approve of this experiment, the
Executive will give all needed thought and industry to
organizing it into a successful solution of the questions
which now make insubordination and sullenness " danger
to officers, and cruel, although perhiips necessary punish-
ments, to the men in our sttite prisons." If the experi-
ment is successful it would probably be followed by em-
ploying the convict labor of our several houses of
correction, outside their walls, in raising on the lands
attached to them a large portion of the food they con-
sume. It might tend to take the state prison back to its
condition in 1870, when its salaries, including the pay of
the inspectors, were $36,823.06 and its ordinary expenses
$76,210 53, or a total of $113,033.59, and its income
$138,900.

THE STATE REFORMATORY PRISON FOR WOMEN.

The expenses of keeping women there are by fjir too high
for any good result that is attained. There are very few
inmates, so that the average cost of their support is larger
than any other institution. Most of them are there for
the offences of lewdness, vagrancy, drunkenness and beg-
ging. The law is that a woman, for such offences, may
be sent to this prison for one or two years, while men,
fur the same offences, are punished by small fines or im-
])ris()nment for hardly more than as many months, the
theory of these long sentences for women being that long
terms of imprisonment will work reformation. But
there is a provision that the prison authorities, at their
own pleasure, may send these unfortunates to other

6G8 Goverxoe's Addeess.

prisons, there to work out these long terms of sentence.
Again, women are sent to the reformatory i)rison for
from seven to ten years to be supported at this high cost.
For such that is not a reformatory, but a punitive insti-
tution. The experiment seems not to be a success. The
prison is by far too costly for any supposed good that it
does, and should be abolished.

THE EEFOIJM SCHOOL FOR BOYS.

Experience has also shown thatihe state reform school,
at Westborough, is not a success. As you will see by
the lists of appropriations, the proportionate expenditures
for salaries are simply enormous, and there is a very
large establishment kept up there, with a great quantity of
land which might well be devoted to, and is needed, for
other state purposes. With regard to this institution, I
commend to you the latest recommendations of my imme-
diate predecessor.

THE INDUSTRIAL SCHOOL FOR GIRLS.

This institution has outlived its usefulness, if it ever
had any ; and concerning it the retiring Governor says ; —

" There were forty-six girls in this institution a week ago — their
number also having greatly decreased, and no longer justifying so
large a per capita expense for their maintenance."

In this opinion and recommendation that the school be
abolished 1 most fully concur. These recommendations
of the Executive were not heeded by the last legislature,
probably because there was a board, and its officials
interested that they should not be. They are again sub-
mitted to you.

There is another school to support, for which there is
annually appropriated $22,500, over the expenditure of
which sum the State has no control, and of which no
account is rendered. For the existence of this school,
so far as the State is concerned, I can see no sufficient
reason. This is

THE SCHOOL FOR IDIOTIC AKD FEEBLE-MINDED YOUTH.

When the State shall have sufficiently educated every
bright child within its borders, it will be time enough to
undertake the education of the idiotic and feeble-minded.

Governor's Address. C69

I submit that this attempt to reverse the irrevocable de-
cree as to " the survival of the fittest" is not even kind-
ness to the poor creatures wlio are in tliis school. Give
them an asylum, with good and kind treatment ; but not a
school. The report trom that school shows that none of
its pupils have been made self-supporting by its teach-
ings. The report fiu'ther shows that those in whom some
spark of intelligence has been awakened, have become so
ashamed of their school that when they write to their
parents thej beg for paper and envelopes which have not
its card upon it. That is, they have been educated sim-
ply enough to know of their deficiencies and be ashamed
of themselves and their surroundings. We do not con-
tribute to their happiness by giving them that degree of
knowledge. A well-fed, well-cared-for idiot is a happy
creature. An idiot awakened to his condition is a miser-
able one.

THE INSANE OF THE STATE.

This pitiable and helpless class are, more peculiarly than
any other, the wards of the State, appealing to us to care
for them by every sentiment of sympathy and justice.

They have been treated, with slight variation for fifty
years, since the establishment of the first hospital at
Worcester, substantially in the same manner of confine-
ment, save in the earlier days the paucity of their num-
bers gave opportunity for more assiduous care.

All classes of the afflicted with mental disorders have
been sent to, and received in the same hospital, whether
incurable or chronic, the violent with acute mania, the
demented or imbecile. Those with mania for crime,
those insane only from religious fervor, the pauper and
degraded, men and women all herded together, separated
only by necessities of restraint and safety.

As the increase of patients required new hospitals it
would seem to have been obvious that some classification
of the insane, from requirements of different treatment,
would have been made, but this has not to any practical
degree been done, although we have five hospitals — at
Worcester, Taunton, Tewksbury, Northampton, and Dan-
vers. Each was organized under the control of a sep-
arate and distinct board of trustees, with separate
superintendence ; each was filled up with all classes of

^'^^ Governor's Address.

patients as at first, save Danvers, which only differs in
having a large proportion of pauper insane. In all but
one ot these hospitals private patients of the same differ-
ences in their madness are also cared for.

From the reports of the boards having them in charge
it appears that the insane are increasing at the rate of two
hundred a year, or five per cent, on the number of the
insane, while population increases only two percent., and
that in the very near future more accommodation will be
required for them. This increase may be accounted for
because of the great excitation of the mind and overwork
of the bodies of our citizens, in these days of intense
activity which pervades every department of business
and thought.

In the early days of our hospital treatment, w'e are told
by the reports of the learned physicians who had them in
charge, that a very large per cent, of cases of insanity
might be and were cured, and the percentage was stated
to be as large as seventy-five and afterwards sixty per
cent.

We are now told by the latest reports of their scientific
successors that sixty out of every one hundred afflicted
must die insane. In every other department of thera-
peutics, increased knowledge of physiology, more accu-
rate acquaintance with the causes of disease, the many
additions to the materia mecUca, have softened, amelio-
rated and checked the ravages of other sickness, lessened
its fatality, and increased the number of cures. Is it not
to be hoped that even experience, research, and scientists
are at fault when they pain us with so startling and ter-
rible an announcement?

" Oh star-eyed Science, hast thou wandered there,
To waft lis back the tidings of despair?"

May we not inquire if some change of treatment or of
confinement will not biing alleviation? Is not the experi-
ment at least worth trying? Can we not by classification,
and putting together those in one institution who give
hopes of recovery, in another those who are violent and
need physical restraint, and in still another those afflicted
with dementia or imbecility, who are harmless and need
no restraint, but care only, do something to alleviate
these maladies? This can be done efficiently only by

Governor's Address. 071

consolidating all the hospitals under the charge of some
one responsible head, of sufficient executive ability and
scientific skill, who can, having full control, make this
classification and separation which, because of our system
of separate boards of trustees and separate government,
cannot now be done. Naturally each board of trustees
looks only to its own institution. It is a corporation put
under its separate management. Indeed, some of the
older institutions have been so far managed on that plan,
that they have funds amounting to many thousand dollars
each, which, as I am informed, they have accumulated
from what they received from the State for the care of its
own insane, in its own hospitals, over and above the cost
of their support to their corporation. These sums, for
purposes they doubtless think wise, the trustees control
without any accountability to the State or its accounting
officers.

Into that matter, of course, you will carefully examine.

The general supervision of these institutions is, by the
Act of 1879, put under the board of health, lunacy and
charit}^ who manage them, so far as they are managed at
all, through a committee of lunacy, and this in addition
to the other duties of this board, to take care of the
health of the paupers and a large proportion of the crim-
inals of the State, and also their duties imposed upon them
by statute, of ascertaining the quality of everything that
everybody in the Commonwealth eats and drinks, and all
the drugs and medicines we consume, and the quality of
the cosmetics that the ladies are supposed to use.

It will not be w^onderful if we find some things have to
be neglected by so versatile and overworked a board, es-
pecially as they all work without pay.

Members of the board, interested in and capable of
taking charge of the sanitary condition of the State, find
their duties in taking care of paupers distasteful; while
those with an aptness for paupers have no sufficient knowl-
edge of the laws of mental alienation to have superintend-
ence of lunacy; and those having that scientific knowl-
edge which would fit them for the latter work, have no
taste for looking after the sewerage or paupers, prisoners
or cosmetics of the State.

This incongruity has led to the resignation of nearly a
majority of that board, losing to the State the sei vices of

672 Goverxor's Address.

some of the best-fitted men, for portions of the work,
upon it.

All these establishments for the insane have large quan-
tities of land. If you are called upon, as you will be, to
furnish further accommodation for the insane, why not do
so by the Swiss system of families in cottages, for the
harmless and quiet, which may be cheaply constructed ?
A family of harmless chronic insane, for whom no physi-
cian is needed, could be taken care of by a single man and
woman, and the cottages being contiguous, they may have
a common dining-room for all. Thus they might have all
the comforts of home, so that life would be to them quiet
and endurable, even if without hope of change, save the
last.

I trust, certainly, that no more architectural follies, to use
no harsher term, will be permitted, like the Danvers Hospi-
tal. A board could allow that to be built at the expense
of nearly two million dollars. If any man had built it, he
would have been exiled by force of public opinion, if no
other, or shut up in the monument of his own folly and
recklessness.

The institution for insane, principally paupers, at Dan-
vers, and the new hospital at Worcester, have cost the
State for the few less than 1,250 patients there, $2,500
each, besides a weekly cost of nearly four dollars each.

The past is gone. Will not the legislature make some
provision b}'' which all this can be changed for the future,
and managed upon economical and business principles?

There is another matter of very important concern
which I commend to your consideration, in relation to the
insane establishments, as well private as public, and that
is, their doors open altogether too easily inward, and with
too great difficulty outward, in the reception and dis-
charge of their inmates. An allegation of aberration of
mind is easily made and quite as easily proven by experts ;
and, although it may amount to no cause for incarcera-
tion, yet the very expert who gives his testimony is now
allowed to adjudicate upon it sufficiently to sentence the
accused to what may be perpetual imprisonment.

In no other case is the liberty of the citizen so loosely
guarded, or so much in danger. Nor is his personal lib-
erty allowed to be interfered with in any other case with-
out the assistance of counsel, and full right and oppor-
tunity to appeal to the highest court.

Governor's Address. 673

For the patient to get away from the hospital, espe-
cially where it is making money by keeping him, is diffi-
cult, because of the temptation to hold him where those
procuring the incarceration may be willing to pay a large
sura for the care of the prisoner.

I submit that this matter ought to be carefully guarded
by legislation, giving every facility for setting at large the
imbecile and harmless insane, whenever they become
hopelessly incurable, and relegating them, as other harm-
less people are, to the home care of their friends and rel-
atives, who are bound to support them.

THE MANXER OF ACCOUNTING WITH THE AUDITOR.

The people of the Commonwealth generally suppose
that their safety in the matter of expenditures is in the in-
tegrity and care of the state auditor in auditing all bills
against the Commonwealth.

I must not be understood to say that the estimable gen-
tleman who tills that office does not do, in that regard, all
that he or any one else can do, under our system of aud-
iting, nor that the committee of the council on accounts
do not do their duty. The fault is in the system not in
the officers. In the first place, many of these expendi-
tures are audited by the boards or commissions which au-
thorize them, and whose appointee or agent incurred
them. Such system has grave and well-recognized faults.
Again, I commend to your attention the statute require-
ment as to keeping the accounts, and the manner of stat-
ing those accounts in the auditor's report. Faithfully fol-
lowed they lead to great confusion and uncertainty, so
that even an expert book-keeper may well be puzzled in
obtaining accurate results from them, certainly until he
has learned the system. This should not be in reports of
mutters which ought to be examined by all, as in them all
are interested.

SUPPLIES PURCHASED FOR THE STATE.

In view of the very large purchases of supplies of mer-
chandise and materials of every description for carrying
on the business of the State, now purchased in compara-
tively small quantities by a great number of persons with-
out any responsibility as to price paid, or possible ac-
quaintance with the actual price, amounting in the aggre-

GT4: Governor's Address.

gate to quite a half million dollars annually, I would rec-
ommend that a purchasing officer for all state supplies of
every name be appointed, with a salary sufficient to in-
sure the services of a competent business man, to be com-
missioned by the Executive for three years, unless sooner
removed for cause, to give adequate bond, with sureties,
for the faithful performance of the duties of his office, who
should be charged with the making of all purchases of
su))])lies of every kind now bought, or to be bought, and
paid for by the State. Purchases, in all cases where the
amount of any one class of articles probably to be used in
one year exceeds in amount one thousand dollars, to be
made by advertising for proposals from dealers and man-
ufacturers, according to saniples, and contracts properly
guarded made thereunder, save that in case of exigency,
purchases may be made in open market upon approval of
the Governor, as also the purchases of articles of less
amount at current prices in open market ; no officer or
employee in any de[)artment of the state government to
be directly or indirectly interested in such -sales to the
agent; all departments of the state government needing
supplies to make timely requisitions specifically upon the
purchasing agent. Of course the law would provide the
proper details for auditing the accounts and paying for
the purchases.

Experience in the conduct of very large business cor-
porations has shown the necessity for such purchasing
agent. Purchases made in any other way by a large
number of persons, even if there is no suspicion of the in-
tegrity^ of the purchasers, must of necessity be at a much
higher rate than if purchased in bulk.

Another advantage to be derived from such system of
requisitions and i^urchases will be that the officers requir-
ing the goods, if they do not come up to sample in
quality, would immediately return them upon the hands
of the purchaser, who would throw them back upon the
seller ; so that all complaints of inferior or damaged goods
being purchased would cease. For example, no superin-
tendent of an asylum w^ould receive damaged provisions
from the purchasing agent, and would have no tempta-
tion, as now, when he buys them himself, if damaged
provisions should get into his possession, to feed them
out to the beneficiaries under his charge. The most lib-

Goveknok's Address. G75

era! salary and expenses to such a purchasing agent woiiUl
still leave a very large margin of saving to the State.

Provision might also be made to allow counties, cities
and towns, and perhaps private charitable institutions, to
make requi:?itions upon the purchasing agent of the State,
paying on delivery the net cost of the goods to the State,
including, ^jro rata, the expenses of the purchasing agent,
thus supplying themselves at a cheaper rate.

I also earnestly advise that such several branches
of the business of the Commonwealth, each for it-
self, shall be put under the control of some one compe-
tent man, who shall be made directly responsible to the
people, or the executive chosen by them, for its adminis-
tration.

Surely such men can be found in this Commonwealth,
if anywhere on earth. If the treasury department of the
United States, with its varied duties, powers and respon-
sibilities, can be administered by a single secretary, none
of the institutions of which I have spoken ought to be
beyond the competency of one of the many highly intelli-
gent men of this Commonwealth, of large business expe-
rience, who would manage the atiairs of the State upon
the same business principles, and with the same success,
that he manages his own.

Boards composed of numerous members, while they
are a better shield, are always the most cumbersome and
expensive.

The cost of one man, whatever the State might pay
him, would be the most economical in the end. Were
one man managing, say the pauper branch of the busi-
ness of the board of state charities, he would, from the
very nature of things, have but few relatives, and still
fewer personal dependents, for he would not dare to open
himself to the charge of nepotism by placing them in pub-
lic office. Nine men of the board would have nine times
as many as one man would have, and only a ninth of the
responsibility for what was done. If one of a board
wishes to have his son or nephew employed, neither one
of the associates can well object, because of official court-
esy, and specially if the others, or any of them, desire the
appointment of his or their friends and dependents.

I recommend, also, to give the Governor and his Coun-
cil the power to summon witnesses and to take testimony
as a court would have, to investigate abuses in the conduct

676 Goveenok's Address.

and administration of public affairs, and some power to
apply the proper remedy, unless it is intended to put the
whole Executive government of the Commonwealth into
irresponsible commission. If so, abolish your Executive
department and save its expense, because it is, in law and
in fact, useless, aud may not be ornamental.

CIVIL SERVICE REFORM.

I congratulate the Commonwealth that one branch of
■what is known in political circles as "Civil Service
Reform," is, and has been, since 1879, in most full, effi-
cient, and thorough operation in this Commonwealth, and
that is, fixedness of tenure of office^ as I have before
demonstrated.

The " civil service reform" manner of appointment, by
competitive or other examination, has been wholly ig-
nored. On the contrary, the practice has quite generally
obtained, of the officer having the appointment putting his
■wife, his son,, his daughter, his son's wife, and his sister
in office as assistants and clerks, and into other official
and salaried places. Whole families are sometimes ap-
pointed to salaried places. Besides, the rule is, with
hardly exceptions enough to prove its correctness, that all
the salaried and paid officials, at least of the higher grades,
have been, and are, of a given political faith. If it were
profitable I could give very many instances in illustration
of each of the truths above stated, and will do so when-
ever called upon.

In addition to these there are other defects in the civil
service of the Commonwealth which need reformation very
much indeed, which have never been discussed, so far as
I am informed, even by any of the clubs of political
reformers. Certainly they are of as great interest to the
people of the Commonwealth as either of the other mat-
ters of civil service reform. They are these : —

First. There are very many more officers and salaried
agents and employees in the Commonwealth than are
necessary to do its business.

Second. They are paid, on an average, quite one-half
more than the salaries for which competent persons could
be obtained to do the same work, or which are paid in
other like business by employers in the State.

I would therefore advise, as a measure of "civil ser-

Governor's Address. 677

vice reform," that at least one-third of the paid officials
doing the business of the Commonwealth, who are not
imbedded in the Constitution and cannot be reached by
law, should be cut off by stringent enactments of law, and
the salaries of the remainder reduced, on the average, at
least one-half in amount and emoluments, travelling and
official expenses. These latter items are a fruitful source
of abuse.

If the legislature will cut down and limit the officers
and salaried agents of the Commonwealth, and the amounts
of their salaries, as I have indicated, and give power to
the Governor so to do, he will undertake to carry on the
needed business of the State with the reduced number of
officers, agents and employees, and if the present officers
and agents resign their places (which most of them will
not do) on account of the reduction of their salaries, will
fill their places, and any others which may become vacant,
with equally good and efficient incumbents selected and
appointed under the most carefully prepared rules of
competitive examination, for the estal>lishment of which
he trusts the legislature will make provision. Especially
would this be true in the higher grades of educational
schools of the State.

Would it not be better to enact by law that two of a
family, by blood or marriage, should not hold appointive
office in the same department of the State government,
like the provision adopted by the Senate of the United
States in the bill recently passed by that body ; and
further, that if there are two or more already in, the one
who appointed his relatives shall go out ; because the
appointment may not be the fault of the relative appointed,
as in the case of a son who would feel obliged to obey his
father. The same rule should apply where there has been
an exchange of offices ; i. e., where the head of one depart-
ment appoints the relative of the head of another depart-
ment, Avho had appointed or will appoint the relative of
the first to some oifice in his department.

There will be no need of any provision in this regard in
relation to the military department, for it is already under
the control of the Governor.

678 Govee]S'or's Address.

MORTGAGES ON REAL ESTATE.

By the benevolent spirit of the common law of England,
in case of land mortgaged, a right of redemption re-
mains in the debtor for three years. This was the law in
this State until about 1835, when a practice grew up, un-
known to the common law, of introducing power of sale into
mortgages, by which, upon a certain notice therein con-
tracted for, the mortgao^ee could sell the whole estate at
auction, and return the balance, if any, which it brought
over the debt and expenses, to the mortgagor. After-
wards, this practice was sanctioned by legislation, and
that legislation grew more and more stringent in favor of
the mortgagee, until 1879, when an act was passed, to
take effect iqjon its passage, by which the mortgagor could
be summarily ejected from the land after it was sold.

In practice now, all mortgages require a release of
rights of homestead and dower by the wife, so that for a
mortgnge debt the family can be driven from their home-
stead after the shortest possible notice.

Whether the right of homestead should be permitted
to be mortgaged at all, is a question of public policy which
might well engage your attention.

As the mortgage is given only as a security for the debt,
and as all the moitgao^ee ousfht to have is his debt, and as
in practice, sanctioned by law, the mortgagor, or some one
for him, is the buyer at the sale, I would recommend that
a time of redemption, say one year, be given upon all
mortgages of real estate, the mortgagor to retain posses-
sion after sale during that time, provided he pay a rental,
monthly in advance, equal to the interest upon the debt,
costs and expenses of sale, the property to be deeded
to him by the purchaser at any time when he shall have
paid the costs and expenses of sale, and the debt and
interest for which the propertj^ is sold, within a year and
a day. Land taken on execution for debt has this right
of redemption. Why make a diiference between the two
classes of real estate securities?

TAXATION.

The amount of taxation collected for state, county, city,
and town purposes, in 1882, as reported by the secretary
of state, was $26,090,000. The amount assessed directly

GovEKXOTi's Address. 679

by the State, in addition to the above, was $4,662,000,
making a total taxation of $30,752,000.

The legislature of 1881 enacted a statute which took
effect on the first day of January, 1882, to apportion the
taxation upon mortgaged estates between mortgagee and
mortgagor, according to their respective money interest
in the property, the sequence of which law was a decrease
in the amount of taxable property secured by mortgage of
nearly $48,000,000. Of course there was no such amount
of debt secured by mortgages collected in the Common-
wealth in that year. What has become of it?

It is a misfortune which follows all taxation, and is as
actual in this State as anywhere else, that a large pro-
portion of the property escapes taxation ; and that por-
tion belongs to a class of citizens the most wealthy and
able to pay taxes.

One method of such escape is to invest in property out
of the State, ^. e., enjoy its benefits and escape its bur-
dens. Another is to invest it in United States untaxable
securities. Still another : the person who ought to be
taxed makes his residence in a town other than where he
does his business, and whore he may escape taxation,
which })rotects that business, by going into a town where
a lower rate of taxation obtains. He thus can lessen his
tax very considerably if he chooses the right town for
a residence, because there' is one town in this Common-
wealth where the taxes are only $4 on the thousand, and
there is another where the tax is $35 on the thousand.

The tax-evader makes a still larger deduction, being of
large wealth, by making a bargain with the assessors of a
town that he will move into that town if he should be
taxed for a certain amount of property only ; which sum,
may make a very considerable addition to the taxable
property of the town, and so the assessors make the trade.
There was still another hiding-place, before the late law
in regard to mortofno-ed real estate. It was the custom of
the tax-shunners to invest money and take mortgages in
the name of some friend or relative out of the State as
trustee.

There would seem to be no promptings of conscience as
to escaping taxation, because this is known to be done,
and there have been convictions before the courts for do-
ing it, by men who otherwise claim to be reputable, and

680 Governor's Address.

who make special assertions of their honesty and integ-
rity.

Nothing can be more inequitable or unjust than these
practices. Legislation should be framed with the utmost
vigilance and stringency to correct or remedy them.
"Equality of right and equality of burdens under the
law " is fundamental. Such acts ought to be fully pun-
ished. The disastrous eflect of this evasion of taxation
is to throw all of the burdens of the government of the
State upon its enterprise and business. They fliU only
upon property which is in the sight of the assessor, the
manufactory and its supplies ; the stock in trade ; the
buildings used for mercantile pursuits ; the machine-shop
and workshop, and their supplies ; the dwelling-house,
however spacious or humble; but, above all, upon the
farm and its stock — every head of cattle upon which is
numbered, the exact value of both being well known —
and upon the investments of laboring men and women in
savings banks and co-operative societies. So diseastrous
to many kinds of production is this matter that some
States are obliged to relieve them from taxation to foster
them, which only increases the burden on their other
industries. So onerous is our taxation upon the agricult-
ural interests, from which, as a rule, money comes slowly
in, that the cultivation of farms is being to a considerable
degree abandoned ; and there are portions of the Com-
monwealth, where agriculture is the leading business,
which have retrograded both in wealth and population.

During the preparation of this Address I have been
asked to recommend some measure of aid to agriculture,
through legislation. I know of but one, and that is the
reduction of taxation. A sop thrown to farmers, in the
shape of a few hundred dollars given to agricultural
societies, " breaks the word of promise to the hope."

I know of no measure of relief which will reach the
farmer, except relief from taxation.

To do that it may be necessary to extend to the farm,
actually occupied and wrought upon by the owner, some
exemption.

The law now exempts "a thousand dollars worth of
household furniture to the householder, and three hundred
dollars worth of tools to the mechanic."

I am aware of no correlative exemption to the working
farmer ; for his household goods are rarely worth half

Governor's Address. 681

that, and his stock less than one year old, and sheep and
swine less than six months old, now exempted, will not
average three hnndred dollars in value.

We now permit property used in the production of
beet sugar to be exempted from taxation ; might not the
same exemption be extended to the production of sugar
from sorghum, which is claimed to be a coming industry?

If all the property in the State could be reached and
porportionately taxed, even if our expenditures were not
lessened, onr taxes would be reduced one-half; they now
being nearly equal to one-half the income received upon
a perfectly safe investment in the public stocks. Why
should not this be done? The neighboring States of New
Hampshire and Vermont have already enacted some very
carelully prepared, and as the result shows, elfective
legislation in that direction, which they are improving
year by year, which I commend to your special attention.
No candid man can state an objection to laws directed to
the equalization of the burdens of taxation.

One of the best methods to lessen taxation is the strict-
est economy in making appropriations for public expenses,
whether for State, county, city or town.

Let me repeat : Abolish all unnecessary offices and
paid employments of the State, cut otf all questionable
expenditures.

The expenses necessarily attendant upon legislation are
very lai'ge, and there is no easier way of reducing them
than shortening your session. I know the legislators,
staying here away from their homes and business, desire
it, as you know your constituents so do.

FIRE INSURANCE.

The standard of the fire insurance companies doing
business in the Commonwealth is deservedly high. By
the discrimination made against the home fire companies
by taxation, for a reason that I cannot discover, their
business sutfers in competition with foreign, i.e.-, Euro-
pean companies, insuring here. The premiums paid in
cash, for the year 1880, amounted to $5,479,825. Of
those premiums $1,187,022 were paid to European com-
panies. These companies pay to the Commonwealth a
tax of t'.vo per cent, upon such premiums. The aggre-
gate taxes paid by Massachusetts companies in various

G82 Goyeenok's Address.

forms under existing laws, have averaged for a seiies of
years little less than five per cent, on their premiums re-
ceived. Your attention is called to the reasons for this
discrimination, and to provide, if wise, for an equalization
of this taxation, which would add to the revenues of the
State the sum of about $25,000 annually.

RAILROADS.

Our railroads are working in a manner creditable to
themselves and the State as carriers of passengers ; cer-
tainly so far as the safety of the general public is con-
cerned.

There is one matter, however, which I think the man-
agers of every well-regulated railroad will agree with me
needs attention, — the overworking of railroad employees
who have to do with the running of trains, whether- on
them or as switchmen, gatemen, or station-men. Faith-
fulness, care and activity in all these are imperative for
the safety of travellers. On some railroads these men
work too many hours, and a number of accidents occur
from their inactivity and exhaustion from this cause. I
suggest that legislation be had by which no employee con-
nected ^vith the running of trains on any steam railroad
should be employed more than ten hours in any one day,
with a proper interval for food, except in case of accident
or emergency. This would be economy in the manage-
ment, because, to say nothing of regret for loss of life
and limb to the passengers, a single accident would cost
the road much more than an amount sufficient to duplicate
even, the salaries of such employees for a considerable
length of time.

To make this law self-executing would only require
provision that in case injury came from the working of a
train wheie any one connected with it had been employed
more than that number of hours, such fact should be
prima facie evidence of negligence on the part of the
road.

The numl)er of employees injured and killed during
the year calls for legislative action. During the last year
198 were hurt on the roads in this State, of whom 56
were killed. Nor is this an unusual number of such
fatalities. A very considerable portion of these accidents
happened in the coupling and uncoupling of freight cars.

Governor's Address. 683

Are not such accidents preventable? If so, preventable
accidents become crimes. If railroad managers were as
careful of the lives and limbs of their employees as the
verdicts of juries have made them of the safety of their
passengers, some means of automatic coupling and un-
coupling cars would have been adopted. May not legis-
lation require it?

A part of this carelessness as to the safety of the em-
ployee has arisen from the interpretation of the law that
employees insure each against the carelessness of the
other, and the company is not liable. How far this rule
ought to extend when the employees are co-operating
together to perform a given service for the road at the
same time is one question, but quite another Avhen the
employees are not so engaged. I submit the rule ought
not to appl}' in the latter case. For example, if an em-
ployee is riding in the car on the business of the com-
pany, or his OAvn business, by peruiission of the company,
going to his home, which privilege may in fact be a part
of his compensation for services, he having nothing to do
with the working of the train, — should he not rather be
considered a passenger when the rules of law are applied
to him?

There are foreign railroad corporations operating trains
within this Commonwealth. Would it not be better that
some legislative provision should be made requiring them
to give security to indemnify any person injured by their
operation? There are claims now existing where there
is practically no remedy for such class of injured persons.

PUBLIC CORPORATIONS.

Under this head I class all those corporations which
serve the public and have, under the law, a right to use
the public property in carrying on that service.

The people of the Commonwealth and their represen-
tatives have a right to know the exact condition, standing,
earnings, disbursements, dividends and conduct of all
such corporations. Some of them, for example the rail-
roads, are obliged to make and do make full and satisfac-
tory returns to give such information. I suggest that
like provisions be extended to gas, telegraph, telephone,
passenger steamboat, water supply and other like com-
panies.

084 Goveeis^oe's Addeess.

EDUCATION.

Massachusetts has claimed, and justly, as large a pro-
portionate expenditure of money on the education of her
children as any State in the Union. From the long con-
tinuance of her government, the substantia] stal>ility and
compactness of her population, the influence of this vast
expenditure upon the education of her people, if eiiiciently
and properly administered, should appear in a more ex-
tended as well as higher educational standard of her
citizens.

Such result is especially necessary to her people, be-
cause she has by constitutional enactment made reading
and writing a pre-requisite to suffrage.

I assume that all will agree that the instruction to be
furnished by the State, derived from the resources and
taxation of all, should be equally for the benefit of all.

Any system of education which takes from such fund,
belonging to all, for the special education of a few, which
is not and can not be given to all, is a misappropriation.
It should be the aim of the State in education, as well as
in everything else, to raise up the mass of her citizens to
the highest possible plane. If the substratum is raised,
all above it will be raised in equal degree.

There are two States in the Union — Iowa and Cali-
fornia — which appropriated for 1880 more money per
capita for education than Massachusetts. It appears by
the report of the commissioner of education for 1880,
that the State of Iowa expended for education the total
sum of $5,621,248 ; and that Massachusetts expended
the sum of $5,156,731. The population of Iowa was
1,624,619; the population of Massachusetts was 1,783,-
085, — not far from equal.

In 1880 the native-born population of Iowa above ten
years was 926,301. The native-born population of
Massachusetts above ten years was 1,005,576. Or, Iowa
had 75+ per cent, of such native-born population, while
Massachusetts had 70-[- per cent., or 5 per cent, less than
Iowa.

Now the illiteracy of Massachusetts, i.e., those of ten
years and upwards who could not read, was by the same
census 5.3 per cent. ; and the illiteracy of Iowa by the

Governor's Address. 685

same census was 2.4 per cent., or 2.9 per cent, less than
Massachusetts.

This difference of illiteracy as against Massachusetts in
the comparison between her and Iowa cannot be accounted
for from the fact that Massachusetts had more foreign
population, because the excess of our foreign popuhition
was only 5 per cent, over Iowa, which would only reduce
the per cent, of illiteracy in favor of Iowa and against
Massachusetts to 2.32 per cent.

What distinguishing ditference is there in the systems
of education of the two States in their administration?
Iowa, of the $5,021,000 expended for educational pur-
poses, expended only $2,901,948, for salaries, including
superintendents; while Massachusetts, of $5,156,000,
expended $4,494,225 for salaries for teachers, including
expenditure for apparatus and school-books.

Cost to Iowa per capita of her school population,
$8.17; Massachusetts, $14.91.

Iowa paid au average of $31.16 per month per male,
and $26.28 for female teachers. Massachusetts paid an
average of $67.54 per month for male, and $30.59 for
female teachers.

One noticeable fact will appear from these figures :
that not only is the percentage of illiteracy less in the
State where the salaries of teachers are less, but while the
amount paid for salaries and other expenses in Massachu-
setts has been steadily increasing for years, the percent-
age of illiteracy has not decreased with equal step.

Boston affords a curious illustration of the increase in
cost of teaching in her schools. I take that city for illus-
tration, because she has every class of schools ; they are
claimed to be the best in the Commonwealth, and the city
has quite one-fifth of our population. In 1854-5 the
whole number of day scholars was 22,528 ; the salaries of
teachers, officers, and school committee, $198,225 ; the
net rate per scholar, $10.94 ; the total expenditure,
$274,847. In twenty years, 1874-5, the whole number
of day scholars and evening scholars, 46,464; salaries of
teachers and officers, $1,249,498 ; rate per scholar,
$36.51 ; total expenses, $2,081,043. Increase in number
of scholars, 106.7 per cent. ; increase in cost of teachers,
530.3 per cent. ; increase in cost per scholar, 231.6 per
cent. ; increase in total expenses, 657.1 per cent.

6SQ Goveenor's Address.

As an example of what ihcse expenses consist, I give
the following items : —

Superintendent, $4,200 00

Six supervisors, at $3,780 each, 22,680 00

Secretary, 2,000 00

Auditing clerk, 2,000 00

Assistants, 2,400 00

Copyist, 720 OJ

Messeno-er, 1,400 00

16 truant officers, 18,360 00

Salaries of instructors of high schools, .... 153,830 74

Special instruction in music, 10.920 00

Tuning pianos, covers and repairs, . . . . 1,321 00

Drawing schools, 11,136 00

Dravping, penmanship, etc., nc rmal, .... 1,380 00

Military drill, armory and calisthenics, . . . . 3,111 40

Instruction in French, 3,870 00

Instruction in German, 952 00

$240,281 14

Some of the matters to be tanght, as the teachers are
examined in them, are music, drawing, physiology, phy-
sics, botany, zoology, geology, astronomy, chemistry,
psychology, Greek, Latin, French and German.

But the spelling-book is banished.

It will be observed in this list of studies, and the list of
salaried teachers, that while drawing is taught at great
expense, there only appears the sum of $1,380 that has
any relation to peimianship, and that in the normal
school. Nor is there any provision for teaching book-
keeping, even in the lower and most simple forms ; and
the eame may be said of other cities in Massachusetts.
Now, we know it to be true, as a fact, that in almost all
the cities and many of the large towns of the Common-
wealth, there are private schools to teach book-keeping
and the manner of transacting commercial business, some-
times called commercial colleges, and whose advertise-
ments and circulars show that they claim the necessity
for their existence is, that such branches are not taught
in our schools. Why not, rather than physiology and
l^sychology? And the pupils in those schools are usually
graduates from our high schools, where these fancy
branches I have named are taught.

I sul)mit these are not subjects to be taught in a com-
mon-school education; certain 1}^ not until the high per-
centage of illiteracy in Massachusetts, i. e., persons leu

Goverxoe's Address. (587

years of age and up who cannot read, of 5.3 per
cent., is brought down to the grade of a far western new
State, hardly yet wholly reclaimed from the wilderness,
Iowa, which has 2.4 per cent, of illiteracy.

Notwithstanding all boasts of what we had been led to
believe was rightful of our school system and schools ; in
spite of the learning and culture of Massachusetts ; of our
enormous outlay, — more in proportion than any of the
other States, save two, one of which, California, is more
illiterate than we are in percentage, — ^Massachusetts has
a greater percentage of her citizens who are illiterate, i.e.,
above the age of ten years, who cannot read, than the
States of Colorado, Connecticut, Illinois, Indiana, Iowa,
Kansas, Maine, Michigan, ISlinnesota, Nebraska, New
Hampshire, New Jersey, New York, Ohio, Oregon, Penn-
sylvania, Vermont, and Wisconsin, so that she is the
nineteenth State in the illiteracy of her population of the
thirty-eight.

The deductions which I make from these facts are :

First, That we have schools for special classes which
draw from our general school funds, which should be for
the use of all alike, by far too much.

Second, That the salaries of the principals in most of
the higher schools, teachers and supervisors are very
much more than they ought to be. Or, to use other
words to express my meaning, higher than other like busi-
ness pays, and higher than the sum for which equally
good services could be, and are, obtained. As a rule,
salaries do rise, but rarely or never lower ; and the larger
the salaries the more surely this rule works.

But this is not true of the teachers in the lower grades,
of whom more than 84 per cent, are women, whose sala-
ries, in comparison, are by far too low, being, as we have
seen, only 44 per cent, of the salaries of men. I believe
that the best teachers are wanted for the lower grade
schools, and that a woman who can teach successfully
such schools does the most service to the State, and ought
to be correspondingly paid therefor.

Not till after the children of the whole people are fur-
nished with opportunities to have the rudiments at least
of an education, such as will best fit them for the posi-
tions they must occupy — and the statistics show that 91 +
per cent, of them have gone from school to their avo-
cations in life at the age of fifteen — should the hi<rher

688 Goveenor's Address.

branches of education be given to any, and when given,
equally to all, only so far as they can be aflforded withia
the limits of proper, nay, generous taxation.

To state my views in another phrase : as a prevention
of pauperism and crime, to fit our people for suffrage,
use all the educational force of the State, educate the
masses up to a certain necessary point. The classes
above will and ought to educate themselves up to a still
higher point.

Do not take the common fund and give it to the few, or
have it expended in such a manner that all cannot equally
enjoy its advantages; and, above all, have that expendi-
ture an economical one, and not pay low salaries to the
teachers of the many, and high salaries to the teachers of
the few.

It is impossible to pursue this subject, in all its ramifi-
cations, in the limits of this Address. I give you some
of the results of a somewhat patient investigation.

In order that I cannot be misunderstood when I say
that our school-fund money is diverted extravagantly from
the many to whom it does belong, to the use of the few
to whom it does not belong, I illustrate this topic by the
facts concerning an industrial school established in this
State in 1873, under the name of the State Normal Art
School. It had been in existence eight years up to the
time of which I have a report. During its existence the
whole number of pupils resident in Massachusetts had
been 1,047, an annual average of 131, who attended it for
any time at all. Of the whole number 42 resided outside
of the State. Most of its pupils attended the school a
very short time each. Only seventeen of the whole num-
ber graduated from the full course, and only a small part
of the whole number were ever qualified to teach in one
or more branches of art education. Of the total number
of pupils residing in the State, to wit, 1,047, 839 came
from two counties, and 44 only came from six other coun-
ties of Massachusetts, or only two more than those who
came from other States. Can such a school as that be
deemed to be a common school of Massachusetts, equally
open to all her citizens, or is it a special and very uncom-
mon school, for a few only?

Each Massachusetts scholar ever in that school has cost
the State $128.46, being his proportion of $134,507.16
Avhich the school has cost the State during eight years.

Governor's Address. 6^^

A lar^e proportion were evening scholars ; the percentage
of whom was 30, in 1881. It is fair to conclude that the
same percentage obtained during the eight years of its
existence.

Ought the common-school fund, or money derived by
taxation, to be given to such a school? Are the branches
of learning taught in it those necessary to the common
education for the whole people?

A committee of the late legislature made an investiga-
tion of this school and I give an extract from the report
of the minority of the committee which is not in conflict,
as to facts, with the majority report : —

" What the Commonwealth needs, and all that it ought to foster,
in the way of art education, is that i^art of it directly relating to its
industrialiuterests. For this the school was established. From its
original and ostensible design it has widely departed. How, for
instance, teaching water-color [painting], modelling in clay, and
modelling from the nude human figure, has any connection with
Industrial education, it would be diflBcult to imagine."

I read from the report of the majority these words,
which may or may not refer to what I have quoted from
the minority : —

"Many things connected with the case should be left to fade into
oblivion as unfortunate occurrences which cannot be too soon for-
gotten."

Should there have been taken from the educational
funds of the Commonwealth $10,696.42, for salaries of
teachers alone in a single year, and $5,234.37 for other
expenses, making a total of $15,930.79, for such a school
of such usefulness ? Is the poll-tax to be wrung from the
earnings of the laboring man to support, under penalty of
disfranchisement, this school? The primeval curse was,
"In the sweat of thy face shalt thou eat bread," not to
teach the youths of other States to model nude human
figures in clay.

This art school was under the control of a Board com-
posed of some of the best and purest men of earth.
Their very purity and goodness was the shield which
made its existence, and what was done in it, possible.

The State has five normal schools which it carries on
from the common-school fund. In 1881 those schools
had 836 scholars (about two-thirds of whom were young

690 Governor's Address.

women), of which total number 184 were graduated.
The expense per averaije scholar to the State was $73.85,
of which expense $61.63 was for salaries of teachers, the
total expense being $61,760.79. Assuming that a corre-
sponding number will be graduated every year, then the
whole cost to the State of each graduate will be $335+ ;
to this I do not add the cost of the land, and the very
large establishments built by the State for these schools,
because, I am informed by the auditor's reports that the
"value of the five normal school establishments has not
been ascertained."

What right had these 184 young men and women to so
expensive an education out of the common-school fund,
at the hands of the State?

Honorable Senators, and Gentlemen of the House of
Representatives : What is the practical solution of the edu-
cational question? Take the matter into your own hands.
You are practical men. You know what kind of an edu-
cation the people need and ought to have. Restrict the
branches taught in the primary schools by law specifically
to spelling, reading, writing, grammar, arithmetic, geog-
raphy, history, — preferably of the United States — and
require that those shall be taught upon the same system,
to the same grade of scholars, in every common school in
the Commonwealth. When the scholar can show by an
examination that he is well grounded in the elementary
English branches, then let him be admitted to a school of
higher grade, where line-drawing for industrial purposes
shall be taught, book-keeping, algebra, geometry, the
rudiments of the Latin and French languages, chemistry,
physics, with natural philosophy in a rudimental degree ;
and there a common-school education should stop. When
by this system of schools we have brought Massachusetts
from her present position to be the first State in the Union
in the reading and writing of her citizens, there will be
somebody here, doubtless, more competent to advise what
is best to be done.

Legislators: I have presented the result of my best
thought upon the topics occurring to me as of interest to
you, and the discussion of which would benefit the State.
Time has not been possible to me to give to them the
needed care, classification, and condensation. It has been

Govekxor's Address. ^91

my endeavor to exclude therefrom every partisan consid-
eration. I have every inducement and no temptation to
do otherwise, for I much desire that my suggestions shall
have weight with all of you. From my recommendation
no personal advantage can come, for I now and here
declare that I have neither wish nor intention again to
ask the suffrages of the people of the Commonwealth for
the position I hold ; for which high honor I am fUled with
the most profound sensibility. It is both my pleasure
and duty to give one year of the best energies of my life
to the service of the Commonwealth, thereby to pay the
earnest penny of my gratitude.

692 Special Messages.

SPECIAL MESSAGES.

THE FOLLOWING SPECIAL COMMUKICATIONS WERE MADE BY 1118
EXCELLENCr THE GOVERNOR TO THE LEGISLATURE
DURING THE ANNUAL SESSION.

[To the Senate and House of Representatives : transmitted by His Excellency
Benjamin F. Butler, Jan. 15.]

I have the honor herewith to present, in compliance
with chapter 50 of the resolves of 1860, a report of the
thirtj-eight pardons issued by the Governor and Council
during the year of my administration just closing.

John D. Long.

Pardons. No. 1. WiLLiAM Henry Hale. Sentenced Nov. 23,

1881, District Court of Central Berkshire, for cruelty to
animals, to three months in House of Correction. Par-
doned Jan. 5, 1882, on recommendation of the judge Avho
tried the case ; excessive sentence having been imposed
through a mistake of the facts.

No. 2. Thomas PooRTELL. Sentenced January, 1874,
* Superior Court, Berkshire County, to the State Prison for
life, for complicity in robbing one Ehodes of a silver watch
and other articles, in a drunken affray. Pardoned Jan.
25, 1882. From the testimony of Mr. Thayer, who pre-
pared the case for the government in the inferior court,
and of Mr. Stearns, the district attorney who secured the
conviction in the Superior Court, it appeared that Poor-
tell, a young man of twenty-three years, being under the
influence of liquor, was an accomplice of a greater crim-
inal, one Bernard Haggerty, who is now in the State Pris-
on long sentence for other crimes. At the time of the
conviction the penalty provided by law was imprison-
ment for life. The circumstances of the crime were such

Special Messages. 693

as appeared from the testimony of the same government
officers that if the court could have exercised any discre-
tion as to the term of imprisonment, not more than a few
years' sentence would have been asked for by them. Since
then the law has been changed, reducing the penalty from
imprisonment for life to a term of years, determinable by
the court. Poortell has already been in prison eight
years, — equal, with the allowances for good behavior, to
ten ; and, making every allowance for his worthlessness
and guilt, the Committee on Pardons, concurring with the
district attorney who tried the case, recommend the par-
don of Poortell, the change of the law justifying them in
exercising the discretion which at the time of the sentence
could not be exercised by the court. Parties from North
Adams who appeared to represent the opposition to the
petition, withdrew their objection after hearing the case.
Poortell was a resident of Troy, N. Y., and a certificate
was filed by a manufacturer of that city, agreeing to em-
ploy him there. New testimony was also introduced of a
credible witness who saw the transaction, but who said he
did not dare testify at the trial for fear of Haggerty, which
tended to show that Poortell was not a party to the crime
till after the robbery.

No. 3. Lawrence QuiNN. Sentenced April 11, 1881,
Superior Court, Norfolk County, for two years to the
House of Correction, for breaking and entering a black-
smith's shop, and stealing twenty-one dollars' worth of
iron. Pardoned March 4, 1882, solely on certificate of
the physician that the convict was mortally sick with pul-
monary consumption, and could not survive his sentence.
The master of the House of Correction, and the party,
whose property was taken, joined in the petition. He
died in June following.

No. 4. John Kenney. Sentenced October, 1880,
Superior Court, Middlesex County, for breaking and en-
tering, to three years in House of Correction. Pardoned
April 1, 1882, on recommendation of the prison physi-
cian, as the prisoner was very low with consumption, and
would not live till the expiration of his sentence, if ol^liged
to remain in prison. Dr. Latimer ot East Cambridge
confirmed this statement. Mr. McCafirey, the person

Pardons.

694 Special Messages.

PaiMons. whose property was taken, appeared and joined in the

prayer for pardon.

No. 5. Thomas Murphy. Sentenced, Sept. 16, 1881,
Superior Court, Suffolk County, for assault, to House of
Correction for two years. Pardoned April 10, 1882, on
recommendation of the master of the House of Correction,
the physician of the institution, and the district attoi'ncy,
solely because of the necessity of a surgical operation
which could not be properly performed without taking
Murphy to the city hospital. This transfer could only be
made by granting a pardon. The operation necessary
consisted either of removing the knee-joint, or cutting off
the leg.

No. 6. Dennis Green. Green was convicted of rape
in December, 1870. He was pardoned Feb. 4, 1876, with
the concurrence of the district attorney, upon evidence
which satisfied the Governor and Council of that year that
he was entitled as of right to his release. The pardon
contained the usual condition, that if convicted thereafter
of any crime punishal)le by imprisonment, he should serve
the remainder of his sentence. In October, 1879, Green
was convicted in the District Court at Fall River of a petty
theft, and fined $15 and costs, and in default thereof com-
mitted to the Plouse of Correction. For this breach of
the conditions of his pardon, he was, after his term ex-
pired in the House of Correction, recommitted to the State
Prison upon his original sentence, where he has remained
now for more than two years. If entitled to the pardon
granted him by the Governor and Council in 1876, upon
the grounds then given, there is no justice in punishing
him a second time for an offence already expiated. If de-
serving of punishment for breaking the condition upon
which he was released, the more than two years already
served is a sufficient penalty. Pardoned April 12, 1882.

No. 7. John Jones and Michael Sullivan. Con-
victed Jan. 4, 1882, District Court, Eastern Hampden,
of being tramps, sentenced to House of Correction for six
months. Pardoned April 12, 1882, on the certificate of
the opinion of the county commissioners of Hampden
County that the parties were innocent.

Special Messages. 695

No. 8. James T. Powers. Sentenced December, ^'^'■'^°°^-

1881, by Trial Justice Ely of Dedham, for vagrancy, to
ten months in House of Correction. Pardoned April 19,

1882, on recommendation of the master of the House of
Correction, Dr. Miner, and many prominent men, the
defendant being entirely innocent of any crime, a clergy-
man of good character, and overtaken by poverty ; and
the gentlemen who asked for his pardon standing ready to
provide for him.

No. 9. John E. Michard. Sentenced Feb. 4, 1881,
Superior Court, Essex County, for eighteen months to
the House of Correction, for larceny of a trunk and con-
tents. Pardoned May 5, 1882, on the recommendation
of the assistant district attorney. Sheriff Herrick, the
city marshal, and the chaplain and keeper of the House
of Correction. With the allowances for good behavior,
only one month of the sentenced remained. It was a
peculiar case. Michard, up to the time of his offence,
was an industrious, well-behaved man. He moved from
Lynn, where he took the trunk, to Fall River; found
good employment there ; but, at the end of eight
months, though no suspicion attached to him, came back
voluntarily, confessed his guilt, restored the trunk and
its contents, and took his sentence. The Governor and
Council, therefore, as soon as the case was brought to
their notice, relieved him from the remaining month of
his sentence, which, in any view, seems to have been too
long. Michard had a dependent and needy family.

No. 10. QuiNLAN Leary. Sentenced June 21, 1880,
Superior Court, Bristol County, for three years (two
indictments) to House of Correction, for breaking and
entering. Pardoned May 10, 1882, with the concurrence
of the district attorney, and on the certificate of the
prison physician, on account of serious illness, which
promised a fatal termination if the petitioner was longer
confined.

No. 11. Jeremiah CoNNERS. Sentenced Feb. 6, 1880,
Superior Court, Essex County, for three years to House
of Correction, for larceny. Pardoned May 21, 1882,
on the earnest recommendation of the master of the
House of Correction and the physician, that he was in

696 Special Messages.

Pardons.

advanced stage of consumption, and liable to speedy
death.

No. 12. Cornelius Lucy. Sentenced Jan. 16, 1882,
Superior Court, Suffolk County, for two years in House
of Correction, for lewd and lascivious cohabitation. Par-
doned May 24, 1882, upon the recommendation of the
Directors of Public Institutions of Boston, and the certifi-
cate of the physician of the House of Correction, that
the prisoner was in the very last stages of consumption,
and could live but a short time. He died May 30, 1882.

No. 13. James Crawford. Sentenced Oct. 21, 18.81,
Superior Court, Essex County, for one year to House of
Correction, for larceny. Pardoned July 19, 1882, after
an investigation by the Councillor from that district, on
the ground of excessive sentence. The property stolen
was a lasting-jack, valued at $3, belonging to a fellow-
workman, and taken from the shop where both worked,
by the convict when intoxicated. His employer appeared,
and offered to take him back to work.

No. 14. William Martin. Sentenced Sept. 19, 1879,
Superior Court, Bristol County, for five years to House
of Correction, for breaking and entering. Pardoned July
30, 1882. The prisoner and one Chase committed the
crime. They were sentenced at different terms of court.
Chase's sentence was for three years, and Martin's, by
another judge, under exactly the same circumstances, for
five years. This was so egregiously unjust, that, with
the cordial concurrence and recommendation of the dis-
trict attorney, Martin's sentence was commuted to three
years ; and, with the allowance for good behavior, he was
pardoned as of the date last above recited.

No. 15. John T. Eingels. Sentenced Dec. 13,
1881, Superior Court, Bristol County, for eighteen
months to House of Correction, for attempting to pass
counterfeit money. Pardoned July 31, 1882, on the
ground of incurable sickness, certified to by Drs. John
H. Mackie and M. H. Leonard, physicians at the New
Bedford House of Correction. Pardon was recommended
by them, and concurred in by Hon. H. M. Knowlton,
district attorney.

Special Messages. 697

No. 16. Patrick Kelly. Sentenced March Term, P"^^''"^-
1881, Superior Court, Suflolk County, for twenty- tive
months to House of Correction, for breaking and enter-
ing. Pardoned Aug. 3, 1882, on the recommendation of
the master and physician of the House of Correction, on
the ground of incurable consumption.

No. 17. James C. Murphy. Sentenced Nov. 14,
1881, Superior Court, Suffolk County, for one year to
Suffolk Jail, for larceny in a bnilding. Pardoned Aug.
26, 1882, on certificate of the physician that Murphy was
in " consumption, and has only a short time to live."
The district attorney and keeper of the jail joined in the
prayer for pardon.

No. 18. Mary J. McLaughlin. Sentenced April
19, 1882, Municipal Court, Roxbury District, for one
year to the Keformatory Prison, for being a common
drunkard. Pardoned Aug. 31, 1882, at the request of
her husband, who was the comphunant, and with the
recommendation of the judge ; the woman being about to
give birth to a child. The husband is a man of character
and abundant means, and desired to save his child the
disgrace of being born in the State Prison.

No. 19. Theopiulus Youngs. Sentenced Aug. 11,
1882, jNIunicipal Court, Boston, to pay a fine of $50 and
costs (and in default of same was committed to the
Suffolk Jail), for larceny. Pardoned Sept. 12, 1882.
Youngs was convicted of stealing $25. After his convic-
tion the money which he was charged with stealing was
found by the persons who accused him where they had
themselves put it. At their request and personal inter-
vention, he was pardoned, being clearly innocent.

No. 20. Charles Oak. Sentenced August Terra,
1880, Superior Court, Suffolk County, for three years to
the House of Correction, for polygamy. Pardoned Sept.
12, 1882. The Committee were satisfied that the de-
fendant's second marriage was in good faith, and in
ignorance of the law ; and that, having been in prison
more than two years, further imprisonment would be ex-
cessive. Oak has two children by his second wife (one
continuously sick), a very respectable and deserving

698 Special Messages.

Pardons.

woman, whom he now can and will marry within the time
allowed by the statute, his first wife having some time ago
obtained a divorce from him.

No. 21. Daniel Hurley. Sentenced Oct. 29, 1880,
Superior Court, Middlesex County, for two and a half
years to the House of Correction, for breaking and enter-
ing. Pardoned Sept. 20, 1882, solely on the certificate
of the prison physician that the convict was mortally sick
with consum[)tion, and could live but a few weeks. The
district attorney concurred in the recommendation of the
physician.

No. 22. Martin Jennings. Sentenced, May Term,
1882, Superior Court, Hampden County, for six months
to the House of Correction, for violating license law.
Pardoned Sept. 28, 1882, on the ground of dangerous
illness, and necessity lor treatment outside of House of
Correction. The pardon was recommended by the dis-
trict attorney, a probation officer, and the prison physician.

No. 23. Cornelius Horagan. Sentenced, August
Term, 1881, Superior Court, Suifolk County, for two
years in the House of Correction, for breaking and enter-
ing. Pardoned Sept. 30, 1882, after a personal investi-
gation by one of the members of the Council, and upon
the recommendation of the master of the House of Cor-
rection and the prison physician, the prisoner being in
the last stages of consumption, and liable to speedy
death.

No. 24. Williams J. Graves. Sentenced Aug. 4,
1882, First District Court, Eastern Middlesex, for assault,
to four months imprisonment in House of Correction, and
to pay a fine of $30 and costs. Pardoned Oct. 2(5, 1882,
at the request of the judge who sentenced the prisoner ;
and Avho stated that he was misinformed as to the facts
when sentence was passed.

No. 25. Charles E. White. Sentenced, July Term,
1882, Superior Court, Suffolk County, for embezzle-
ment, to one year in House of Correction. Pardoned
Oct. 26, 1882, at the personal and written request of the
district attorney who tried the case.

Special Messages. 699

No. 26. John O'Hern. Sentenced July 20, 1882, ^^'^ons.
Superior Court, Berkshire County, for larceny, to nine
months in House of Correction. Pardoned Oct. 27, 1882,
at the special recommendation of the district attorney who
tried the case.

No. 27. Andrew J. Gilson. Sentenced Nov. 27,
1878, Superior Court, Plymouth County, for attempting
to procure an abortion, to six years in the State Prison.
Sentence commuted to five years, upon the recommen-
dation of nearly all the jury, there being reason to doubt
whether the prisoner intended the crime charged.

No. 28. Frederick S. Blodgett. Blodgett was con-
victed of rnpe in 1868, and sentenced to the State Prison
for life. He was pardoned Oct. 30, 1874, on the recom-
mendation of the then district attorney, there being some
doubt as to the crime committed. The pardon contained
the usual condition, that, if convicted thereafter of any
crime punishable by imprisonment, he should serve the
remainder of his sentence. In the spring of 1882 he was
convicted of taking and driving away a horse and carriage,
and sentenced to the House of Correction in Worcester
for two months. This, though a light otfence, was a
breach of the condition of his pardon, and July 22, 1882,
he was recommitted, after the expiration of the last named
two months' sentence, to the State Prison, in pursuance
of his original sentence. If entitled to the pardon granted
him by the Governor and Council in 1874, upon the
grounds then given, there is no justice in punishing him
a second time for an offence already expiated. If deserv-
ing of punishment for breaking the condition upon which
he was pardoned in 1874, the three months already served
is perhaps a sufficient penalty. In view of this, and of
the recommendation of the officials, the parties owning
the property, and other leading citizens, a pardon was
issued Nov. 4, 1882.

No. 29. William Edwards. Sentenced May 22,
1880, Superior Court, Hampden County, for larceny, to
ten years in State Prison. Pardoned Nov. 16, 1882.
Edwards has been a painful sight in the hospital, lying on
his bed there for over two years. Pardoned on physician's
certificate that he has Bri2;ht'd disease and is liable to die

700 Special Messages.

Pardons. any day, and on the agreement of friends to take him.

He died Dec. 1, 1882.

No. 30. William E. CoGGESHALL, aZi'a.s Barry. Sen-
tenced May Term, 1882, Superior Court, Sutiblk County,
for larceny, to one year in the House of Correction. Par-
doned Nov. 21, 1882, on recommendation of the district
attorney and of the chairman of the Board of Directors
of Public Institutions of the City of Boston.

No. 31. John T. Manning. Sentenced Dec. 24,
1880, Superior Court, Hampden County, for larceny, to
three years in House of Correction. The boy being in
feeble health, and having served two-thirds of his time,
was pardoned Dec. 1, 1882, on the special inquiry and
request of the probation officer in Springfield, charged
witli such cases. The pardon was recommended by the
prison physician, the sheriff and master of the House of
Correction, the chaplain, probation officer, and the district
attorney.

No. 32. John Roberts. Sentenced Jan. 27, 1882,
Superior Court, Worcester County, for larceny, to one
year and eleven months in House of Correction. Par-
doned Dec. 8, 1882, on recommendation of the district
attorney, the sheriff and the physician, it appearing that
Roberts was in very feeble health, and it also appearing
from the affidavit of two others, who were convicted with
him, that they, and not he, were guilty of the larceny.

No. 33. Bridget Gaffney. Sentenced January 28,
1882, Police Court, Lawrence, for drunkenness, to two
years in the Reformatory Prison for Women. Pardoned
Dec. 8, 1882, at request of the Commissioners of the
Prison, her son taking her to his home in Wisconsin.
As the sentence, half of which had expired, was made a
long one solely with a view to her reformation, the Com-
missioners were of opinion that this would be promoted
by her removing from the Commonwealth and her former
associations, and liviDg: with her son.

"to

No. 34. Joseph D. King. Sentenced May 23, 1876,
Superior Court, Hampden County, for receiving stolen
goods, to I en years in State Prison. Twenty-five years

Special Messages. 701

old. Pardoned Dec. 20, 1882. The district attorney Pardons.
who tried the case reported that the articles stolen, being
of no great value, were stolen by a woman from the rooms
of a hotel in Holyoke, and were received from her by King,
who was there with her, and who had previously resided
in New Haven, Conn. At the trial he was without coun-
sel, pleaded guilty, and received, what in view of the cir-
cumstances, and in comparison with usual sentences,
seems an unaccountably excessive sentence of ten years.
The mayor and many of the leading citizens of New
Haven certified in his behalf. The district attorney
aforesaid recommended a pardon.

No. 35. Lucius W. Pond. Sentenced Jan. 25, 1876,
Superior Court, AVorcester County, for forgery, to fifteen
years in State Prison. Pardoned Dec. 25, 1882, as an
act of clemency on Christmas Day. The pardon was re-
quested by the almost unnnimous sentiment of the city of
Worcester, in which Pond resided, and by nearly the en-
tire number of creditors. The district attorney, who tried
the case, now a judge of the Superior Court which pro-
nounced the sentence, certified " that in his opinion, upon
a careful review of the facts, justice had been answered
by the punishment already suffered."

No. 36. Patrick Whalen, Patrick Dwyer and
Thomas O'Connell. Sentenced Jan. 7, 1882, Superior
Court, Hampshire County, for setting fire to a saloon, for
three, two and a half, and two years, respectively, in the
House of Correction. Pardoned Dec. 27, 1882. From
the uncontroverted representations and petition of the
leading citizens of the vicinity, and an examination of the
facts and of the detailed repot t of the district attorney,
there was not sufficient evidence that the prisoners were
guilty of the crime at all.

No. 37. Edward J. Campbell. Sentenced Oct. 29,
1878, Superior Court, Middlesex County, to ten years
in the State Prison, for setting fire. Pardoned Dec. 30,
1882, it appearing from testimony of his employers, a
leading firm in Lowell, whose property was the subject
of the offence, that Campbell committed it without malice,
when intoxicated. Little damage was done. He was
an industrious man, with a worthy, dependent family;

702

Special Messages.

Pardons. aiicl his employers, to whom he was much attached and

whom he injured without knowing that he was doing so,
cordially recommended his pardon, agreeing to do all they
can to surround him, if released, with good influences.
The mayor and other city officials joined in the recom-
mendation, the city marshal being himself present at the
hearing.

No. 38. Philip S. Riley. Sentenced June 12, 1880,
Superior Court, Middlesex County, for setting fire to a
barn, to five years in the House of Correction. Pardoned
Jan. 2, 1883, on petition of the mayor and leading citi-
zens of Lowell, including the city marshal at time of the
conviction, it appearing that Rile}' was a young man, ac-
cording to the district attorney of " rather a weak mind,"
and according to other witnesses, who had known him for
years, as " of such weak intellect as to be hardly respon-
sible f(jr his acts." The damage was to an out-building,
and the loss was very small, the owners joining in the
petition for pardon.

Wrecks and
other Obstruc-
tions to Naviga-
tion.

[To the House of Representatives, Feb. 6.]

My attention has been called by the Harbor Commis-
sion to a matter which seems to need legislation in order
to protect our harbor and shipping.

We have, under our laws, wreckmasters ; but their
jurisdiction does not meet the evil, and so far there is no
power in them, or jurisdiction or power given to the
Harbor Commissioners to deal with the trouble, which is
this:

A vessel comes into a harbor, and may, at its very
mouth, or anyw^here else in the channel, as has l)een done
in many instances, become a wreck, and sink, especially
from leakage. If neither the owner nor underwriters
care to go to the trouble and expense of removing her, I
am not aware of any provision of law by which he or
they can be compelled to so do, except, possibly, by suit;
by which suit compensation may be obtained : but the
compensation aifords no protection to the mariner who
may run iuto the wreck in the night-time, or when in a
fog.

I suggest, therefore, that this is a matter to be
examined into by the legislature, and legislation enacted

Special Messages. 703

by which the Harbor Commissioners shall have the oTheroVstmc

authority to remove such wreck or obstruction, after tions to xaviga-

having given notice — and the notice should be a pretty

summary one — to the owner or underwriters what to

do ; and the owner or underwriters should be forbidden

to take anything from the vessel until they have given

bond, to the satisfaction of the Harbor Ccnnmissioners,

that they will raise her. The method generally adopted

is to strip her of anchors, chains, sails and spars, which

latter may serve as beacons, and then the sunken hulk

is left in the channel to destroy still other vessels.

In case the vessel is not raised by the owners or under-
writers, then the Harbor Commissioners should have the
right to sell her to any person who will raise her, at
their discretion, or to raise her themselves and sell her
after being raised, to reimburse the expenses.

And if the amount realized by the sale be not sufficient
to pay the costs, an action should accrue to the Common-
wealth, to be brought by the Harbor Commissioners in
the name of the Commonwealth, and conducted by the
district attorney in whose district the trouble happens,
to obtain reimbursement for the expense.

It will readily be seen that, in addition to legislation,
some appropriation should be made — and it should be for
a very considerable amount — to do this most necessary
work ; the money not to be drawn from the treasury
except upon vouchers showing the work performed.

I can conceive of nothing more necessary, because,
althouo;h the o-eneral o-overnment has, in some instances
removed wrecks situated as I have indicated ; yet that is
never done until a special appropriation is made for that
purpose. This is quite too tedious a process to await,
even if it is done at all.

I am not aware of any law that makes it the duty of the
United States to remove such wrecks within a marine
league of the shore, and of course they are not usually
troublesome beyond that. If there is any such duty
devolving upon the United States, why, of course, the
State would be reiml)ursed for doing what the United
States ought to have done.

This vvould be especially advantageous to the United
States, because it is well known that, unless a wreck is
speedily removed, it forms the nucleus of an embankment
of sand which so covers it up as to render the process of

704

Special Messages.

^hlr ob^^uc removal very expensive, it beiui^ necessary, in some in-
Ijo^^ t« Naviga- stRHces, to even resort to the explosion of dynamite and
other explosives nnder it, and even those agents will hardly
blow to pieces a wreck so imbedded.

If the wreck is taken in hand at once by intellisfent,
competent men, such as we must assume our Harbor Com-
missioners to be, the vessel, if it would not pay the cost of
raising, would be, at a very small expense, blown to pieces
and gotten out of the way, after the apparel and equip-
ments had been removed ; and these latter would probably
largely reimburse the expense.

I am not aware of any one thing to which I can prop-
erly call the attention of the legislature more necessary
for the safety of our commerce, and giving greater pro-
tection to the lives and property of those who *' go down
to the sea in ships," than judicious legislation upon this
subject, thoroughly executed.

Khode Island
Boundary.

Agricultural
College.

[To the Senate and House of Representatives, Feb. 9.]
I have the honor to enclose herewith the Report of the
Commissioners on the Rhode Island Boundary, and also
a proposed bill for settling that boundary according to
the report of the commissioners.

As the matter is now before the legislature of Rhode
Island, and, as I understand, that legislature is taking ac-
tion upon it, it may not be inconvenient that the legislation
of the two states should go on pari passu, in order that a
vexed question, of many years' standing, may be amicably
and quietly brought to a close.

[To the House of Representatives, Feb. 23.]
I have the honor to transmit herewith the twentieth
annual report of the trustees of the Massachusetts Agri-
cultural College, and in so doing I take leave to more
than make a formal transmission of that document to the
House. I especially call attention to its contents, and sub-
mit that in the opinion of the Executive it would be for
the benefit of the people of the Commonwealth, that a
very considerable number of copies of it should be printed
and widely distributed.

I am convinced, both from the state of my own knowl-
edge heretofore, of the Agricultural College, and from
conversation with several gentlemen of intelligence, that
that institution is entirely misunderstood as to its pur-

Special Messages. T05

poses, its methods of instruction and the scope of its edu- Agricultural
cationsil power. A too commonly received opinion seems
to be that at that college only some information is im-
parted to the pupil concerning soils, the methods of treat-
ing them, and the practical work of the farm, and there-
fore that only sons of farmers, or those who are intend-
ing to devote their lives to farming, should seek to obtain
an education therein. While it is true that these things
are taught and well taught therein, they are by no means
the limit of the educational course.

For practical instruction, to every branch of profes-
sional life except perhaps theology, the curriculum, and
the methods of imparting knowledge to the pupil, are
as beneficial as those of any other institution of learning.
In addition, the elements of military science, so far as the
" school of the soldier," and the officer of the battali n\
are concerned, are imparted to the pupil, and he is fitted,
if attentive and apt, to take a commission in any regiment,
practically quite as well in so far as if from West Point.

The instruction in the order of business, in neatness
and care of the person, in habits of cleanliness in the care of
apartments wherein men live, which are the embodied
results of the experience of all armies, are as useful to
the civilian who shall have the care of others, especially
if dependents, as they are to the officer in the care of his
men. From experimental knowledge I testify to the
value of this branch of instruction.

From the economy which can well be practised by the
student at the Agricultural College, because of the cheap-
ness of living, the absence of those inducements to
extraordinary expenses by the pupil which render a col-
lege course so burdensome to men of moderate means, the
sons of such men will be enabled either by their own
exertions, or the support of their parents, to obtain at a
cost within their reach a good practical education, as good
in my judgment as anywhere else to fit them for the
business of life.

I commend, therefore, this institution, founded both by
endowment by the United States and the State, to the
attention of the legislature, and ask for it such appropria-
tions as may meet its very economical needs.

706 Special Messages.

Deposit Vaults.

[To the House of Representatives, Feb. 26 ]

T)enoY"t'vl.n"I'' I have received from the legislature a bill to incor-
porate "The Union Safe Deposit Vaults," passed to be
enacted in the House of Representatives Feb, 20, 1883,
and in the Senate Feb. 21, 1883.

This bill incorporates certain persons therein named,
and their associates, by the name of "The Union Safe
Deposit Vaults," for the purpose " of receiving on deposit
or storage, or for safe keeping, government securities,
stocks, bonds, coin, jewelry, plate, valuable papers and
documents, money and other property of every kind ; of
collecting and disbursing the income or principal of any
of said property when due ; of receiving, inventing and
disbursing money for parties when so requested, and of
renting safes for the storage of said property in vaults
constructed for the purpose."

It then provides that " nothing herein shall authorize
said company to do a loan and trust business," but also
provides " that said corporation shall have all the ])owers
and privileges, and be subject to all the duties, liabilities
and restrictions set forth in chapters one hundred and five
and one hundred and six of the Public Statutes, and in all
general laws which now are, or hereafter may be, in force
relating to similar coiporations."

It then provides for a capital stock of $300,000.
This amount would seem to be sufficiently large for a
simple safe deposit vault.

I am inclined to believe that the legislature has been
misled as to the scope and action of this bill. The title,
"The Union Safe Deposit Vaults," is misleading. It
gives no idea of any other business than the one well
known of letting vaults for the deposit of valuables. The
bill itself allows the collection of income on all classes of
securities, and would permit, as I am inclined to believe,
doing a business of a bank of deposit, and I do not see
any difficulty in the way of the corporation's acting as a
savings bank, without the liability to the savings bank tax
and the supervision of the bank commissioner.

Perhaps, however, that class of business might be re-
strained by the courts, and if the bill stopped there it
would not be so open to objection.

The proviso itself is a strange one : " That it shall not
do a loan and trust business."

There is no general statute specifically defining what is

Special Messages.

707

a " loan and trust business," hut chapter 80 of the stat-
utes of 1881 defines in part what the loan and trust busi-
ness in future may be.

But some of that business is provided for in the body
of the bill itself, before the proviso, so that the bill is
self-contradictory.

But the bill further provides that the corporation shall
have all the powers and privileges and be subject to all
the liabilities of chapters 105 and 106 of the Public
Statutes. Chapter 106 provides for corporations to do
every kind of business except "buying and selling real
estate, banking, insurance, and any other business the
formation of corporations for which is otherwise regulated
by these statutes." Therefore it may carry on every kind
of mechanical, mining and manufacturing business, print-
ing and publishing books, making and selling gas, and
maintaining hotels.

Did the legislature mean, in this bill, to invest the cor-
poration with these powers? If it did not, then the legis-
lature has been misled. If it did, which I cannot con-
ceive, it would be a very vicious form of legislation, not
to be tolerated.

I have done my duty in calling this matter to your
attention, and I leave the bill to your action and wisdom,
with the desire only, that hereafter when the legislature
intends that corporations shall have powers so widely dif-
ferent from those to which attention is called by the title
of the bill, that the powers may be more clearly defined,
so as not to throw upon the Executive the labor, by long
investigation, to find out what the bill presented for sig-
nature means.

I therefore return the bill to the House, in which it
originated, with these my objections in writing.

TheUnion Safe
Deposit Vaults.

atory Insti-
tutious.

[To the House of Representatives, March 13.]
The bill entitled "An Act making appropriations for Appropriations

/, ,, . I -i 1 1 ""i x- 4- '4-' for Charitable

expenses or the various charitable and reiorinatory insti- andiieform-
tutions, and for other purposes," came to me on the even-
ing of the 8th inst.

I have examined its provisions w'ith the care and atten-
tion that its importance demands. I grieve not to be al)le
to approve the bill, so that it may become a laAV, and am
obliged to ask the two houses of the legislature, in the
language of the constitution, " to proceed to reconsider

708 Special Messages.

t^ciIriiMe^ the said bill," so that after weighing the objections to it,
and Reform- if it shall become a law, the responsibility of it may rest

atory Insli- i i • i \ i i^ •

tutions. upon the legislature and not upon the Executive.

It is a misfortune that the bill contains appropriations
for several entirely distinct and separate classes of puMic
expenditure, some of which are not objectionable, and some
are, as if it were intended that the necessity for the good
should carry the bad. Of course this was not the inten-
tion of the legislature, but has come to pass by following
what seems to me to be a vicious practice of uniting in
one bill many different appropriations for entirely diverse
objects. Some of the States, by their constitutions, have
made provisions against this difficulty by requiring that
one bill shall contain matter pertaining to oue subject only.

This method of legislation in the Congress of the United
States has been found a great inconvenience to the Execu-
tive and a detriment to the pul)lic service, because many
things requiring to be appropriated for, to keep tho de-
partments of the government in motion, must be sacrificed,
or extravagant and worse than useless appropriations must
be approved by the Executive, being found in the same
bill.

A good illustration of the vices of this form of legisla-
tion was seen in the river and harbor bill, which was
vetoed by President Arthur, although there were some
very important provisions in it, which he himself had rec-
ommended. Fortunately, in this case, if the legislature
should agree with the Executive that there are objection-
able matters in the bill, either in whole or any part of the
appropriations, another bill can easily be passed through
the legislature appropriating all the money that is needed
for valuable subjects of public expenditure. I am em-
boldened to say this, because the bill passed through the
House and Senate without any examination, opposition or
debate, so far as I am informed by the reports of the pro-
ceedings of the two houses, and without a division upon
any of its details.

In order that the extent and scope of this legislation
may be fairly manifest, I give the following analysis of
the appropriations made for each object in detail in the
year 1882, the expenditures under these appropriations,
the estimates for the yeixv 1883, and the appropriations
made by the bill in accordance with, or in correction of,
those estimates : —

Special Messages.

709

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Appropriations
for Charitable
and Reform-
atory Insti-
tutions.

710

Special Messages.

Appropriations
for Charitable
ami Reform
atory Insti-
tutiuns.

It will be seeu that the bill appropriates nearly a half
million dollars, to wit, four hundred and seventy-four
thousand nine hundred dollars ($474,900), and quite one-
half of the amount of any state tax that ought, in my
judgment, to be imposed upon the towns of the Common-
wealth for the present year.

Leaving out of the discussion three of the items, to
wit, the sum of two thousand dollars ($2,000) for
expenses incurred in the arrest of fugitives from justice,
the appropriation for the district police force, and the
appropriation for the state prison, as they are under
the control of the Executive, and, therefore, need not
be considered by him here, as he has it in his power
to give such direction in this regard as economy may
require, all these appropriations are for the payment
of salaries, expenses and cost of supervision of the
state almshouse, the workhouse, the primary school,
the reform school for boys, the reform school for girls,
and the reformatory prison for women, but are by no
means all those institutions cost the State.

The amounts appropriated by this bill for expenses
and salaries are as follows : —

For the state almshouse

For the state primary school, ....
For the reformatory prison for women,
For tiie state reform school for boys, .
For the state reform school for girls, .

For the state workhouse,

Agent for aiding discharged convicts.
Agent of discharged female convicts.

The total amount appropriated for these several
institutions, therefore, is, ... .

Now, all of the officers and employees of these
institutions are maintained at the public
charge, and receive, of course, quite one-
half, but say one-third, in addition to their
salaries, in tlieir living expenses ; add this
one-thinl to tlie appropriation for salaries,
and deduct it from the appropriation for
expenses, out of which it is paid,

And we have for "expenses" and "salaries"
resjiectively,

Expenses.

Salaries.

$70,000

$20,000

37,000

17,000

40,000

2 0,000

20,000

15,000

10,500

6,000

29,000

1 1 ,000

3,000

1,000

2,300

700

$211,800 $1)3,700

31,233 31,233
f 180,567 $124,933

From which figures it will appear that the appropria-
tion for salaries is sixty-nine and one-sixth per cent, of

Special Messages. 711

the total amount to be expended for the maintenance of Appfopnations

,, .,-,,• for Charitable

these HlStltutlOnS. and Reform.

In my inaugural address I called attention to these tut'uj^ns.""'"
appropriations for salaries, and stated that, in my judg-
ment, they were very much too large. That statement
was criticised by the chairman of the state board of health,
lunacy and charity in an interview, in which he stated
that I took, as representing these salaries paid by the
State, and I quote his words, " what somebody guessed
a year before it might have to pay," instead of "what
the State actually paid in 1882."

With the single exception of the workhouse at Bridge-
water, the salaries have not been diminished in expendi-
ture, and in a single instance they are increased by this bill.
And if a former governor, the present chairman of the
state ])oard of health, lunacy and charity, was accustomed
to consider appropriations of money made by the legisla-
ture as " guesses," I am not so accustomed, and cannot
conscientiously approve bills containing " guesses," espe-
cially when they are such enormously and extravagantly
disproportionate ones. I am bound to conceive that,
when he approved such bills, he did not consider them
" guesses," but that, since he has been chairman of the
board, he has ascertained their true character. The reason
for the latter supposition is this : As I have shown in the
analysis of the bill, in comparing the expenditures and
appropriations of last year and the estimates, in no case "
has the estimate for salaries been diminished, and in one
case increased, although in a few cases the expenditures
for the support of the institutions were slightly decreased
from the amount appropriated.

I learn that the estimates are made up by the superin-
tendents of the institutions, approved by the board, and
in matter of salaries they are adopted substantially as they
are sent to the House. And now the chairman of the
board says that his estimates for appropriations of public
money were simply " somebody's guess." Although there
seems to be some diminution in the amount of expenditure
for the state almshouse, yet I find a resolve reported to
the House which brings the amount of the appropriation
for that institution this year quite up to the old standard.

Perhaps as good an illustration as any of the dilference
of carrying on these state institutions will be seen by a
comparison of the expenditures for the sick, as they appear

712 Special Messages.

t^rcharlrabir '" ^^^ auditor's report during the year 1882, in the state

and Reform- prison and in the state almshouse.

uitiMs'" There was a weekly average of about 700 convicts in

the state prison. They were cared for by one physician,
who received a salary of $1,000 per annum, and an expendi-
ture of $643 for "medicines and medical attendance,"
making a total of $1,643, and the physician did not reside
in the prison. During the same period there was a
weekly average of about 900 inmates at the state alms-
house, and to take care of their health required the ser-
vices of one physician and five assistants, at an expense
of $2,657.31 for salaries paid. To this amount add one=
third for living expenses, as they all resided at the alms-
house, and we have paid at that institution as salaries of
physicians $3,543.08, and $1,478.87 was spent for medi-
cines and hospital stores, making a total of $5,021.95.
This sum, however, does not include the salaries and
living expenses in the almshouse of eleven nurses and
three supervisors of insane. It may be explained that a
portion of the inmates at Tewksbury w^ere insane, but it
takes but little medicine to a mind diseased.

I also stated in my address that " there were very many
more officers and salaried agents and employees in the
Commonwealth than are necessary to do its business ; that
they are paid, on an average, cj[uite one-half more than
the salaries for which competent persons could be ob-
tained to do the same work, or which are paid in other
like business by employers in the State "

Ui)on further and better acquaintance with the cost of
doing business for the State, and the number and cost of
its salaried officials, I am more and more confirmed in that
opinion.

In that address, I asked of the legislature that at least
one-third of the paid officials doing the business of the
Commonwealth should be cut off, and the salaries of the
remainder reduced one-half, including travelling, contin-
gent and other expenses. I also said that there would be
no need for any enactment in this behalf in regard to the
military, for that was under the control of the governor,
and in the military department the expenses have already
been reduced in quite that proportion.

I also stated to the legislature that I saw no reason for
the existence of the reformatory prison for women, where
the salaries, calculated as above, are over ninety-one per

Special Messages.

713

cent, of the total amount of the other expenses of carry-
ing on the institution.

This prison is for the safe keeping and assumed refor-
mation of the lowest and worst classes of women, with
occasionally an inoffensive drunkard, who may ])e shut up
with them for a term of two years. The average number
in custody in the prison for the past year was 222, and to
take care of these poor creatures there are sixty-four paid
employees of different grades, drawing the aggregate sala-
ries that 1 have shown, of which eighteen are men, and
forty-six are women ; and some of them are emplo^^ed at
an expense, with the living of their families, of quite
$2,500 a year.

I must decline to make myself responsible in any way
for any such institution.

The reform school for boys and the industrial school
for girls both met the condemnation of my predecessor
in the Executive chair, and their expenses are quite
as remarkable. Their bill contains an appropriation for
the reform school for boys of $20,000 for expenses and
$15,000 for salaries. Add to this amount appropriated
for salaries one-third for living expenses, as before, and
deduct the same sum from "expenses," and we have
expended in that institution for salaries $20,000 ; and for
all the other expenses of carrying it on during the year
$15,000. From these ligures it will be seen that the sal-
aries amount to 133 per cent, of the general expenses
of the institution. This enormously disproportionate
amount paid for salaries may be accounted for by the
fact, as shown by the auditor's report for last year, that
eighty-nine persons were employed at the refoim school,
while the average number of inmates during the year was
one hundred and eighteen, or one employee to each one
and three-tenths boys. During the same period, as
appears by the report of that institution, the average net
cost for the maintenance of these one hundred and
eighteen boys was six dollars per week.

For the industrial school for girls $10,500 is appropri-
ated for expenses and $6,000 for salaries. Add one-third,
to be taken from expenses, for cost of living, to salaries,
and we have for salaries $8,000, and for support of the
institution $8,500, the salaries being slightly more than
ninety-four per cent, of the amount to be expended in
carrying on the school. The average number of inmates

Appropriations
for C haritable
and lleform-
alorj- Ineti-
tutions.

Special Messages.

AppropriatioDB
for Charitable
and Rpform-
atory Insti-
tutions.

for the year 1882 of this institution was fifty-five, and to
care for them the services of thirty-four persons, nine
males and twenty-five females, were employed, at the
cost to the State above set forth, or one employee to
every one and six-tenths girls.

The bill appropriates $^4,000 for current expenses, and
$17,000 for salaries at the state primary school. By
adding to the amount appropriated for salaries, one-third
for living expenses of the employees, and deducting the
same amount from current expenses, we have for salaries
$22,666, for expenses $28,334, the salaries of otficials
amounting to eighty per cent, of all other current expenses
of the institution. The average number of children and
adults maintained during the past year was four hundred
and thirty-five, to take care of whom, seven tj'-seven per-
sons were employed, or one attendant to five and two-
thirds children.

The bill also appropriates for salaries at the state work-
house $11,000, and for other current expenses $29,000,
increasing the former amount by one-third, and decreas-
ing the latter by the same sum as before, for living
expenses of employees, and it appears that the salary
account of the workhouse, if the amount appropriated for
the current year shall be all expended, will be in the
aggregate $14,666, the other current expenses for carrj'-
ing it on amounting to $25,334, and also that the salaries
will be a fraction more than fifty-seven per cent, of the
other expenses. But it is to be observed that, by the
statement of actual expenditures at the state workhouse
for 1882, the total outlay was some $4,176.42 less than
the amount appropriated, the expenditures for salaries
being $8,324.23, and for other expenses $27,499.35, as
appears by the foregoing statement. Adding to this
amount of salaries, and deducting from expenses, the cost
of living, we find that during the past year the salaries
have amounted to about forty and six-tenths per cent, of
the other expenses, a reduction as compared with the
ratio of salaries to expenses authorized in the appropria-
tion bill, creditable to the management of this institu-
tion, as is also the fact that to take care of its average of
two hundred and forty-two inmates during the past year,
there were required but twenty-eight employees, or one to
about every nine inmates.

It will be observed that the bill appropriates for the

Special Messages. 715

salary of the agent for aiding dischargecl male convicts, fo^^charltuwr
$1,000, and for the expenses of said agent a sum not and Reforma-

; r r\r\ ^ i ' ^ • • ^ tory lustltU-

exceeding $3,000, to be used in rendering assistance to nons.
convicts. It appears by the auditor's report for 1882,
that the expenses of the agent, including salary, amounted
to $1,283.94, while the total amount disbursed in aid of
discharged convicts was $2,598.10. It will be seen from
these figures, that the State is employing the services of
an agent to disburse a small amount of public money, for
whicli he receives as compensation for his labors, a sum
equal to fifty per cent, of the amount so disbursed.

The bill also contains an item, $700, for salary of the
agent of discharged female convicts ; and for the expenses
of said agent, and for assistance to said convicts, $2,300.
If no portion of the latter amount was used for otfice and
other incidental expenses, the State would be paying a
fraction more than thirty per cent, on the amount dis-
bursed for services. And in this case, as in the case of
the agent for aiding discharged male convicts, it is diffi-
cult to see a necessity for the offices, except to afford an
opportunity for those officials to be supported at the pub-
lic cost.

It will be remembered that in my inaugural address I
called the attention of the legislature to the fact that at
le;ist one of the board of trustees who made these esti-
mates and approved the expenditures, was himself a con-
tractor for supplying the same institution of which he was
a trustee, with supplies, and to other abuses concerning
which no investigation has been made, so far as I am ad-
vised, by either branch of the legislature, nor has investi-
gation been made into the condition of the accounts of
these several institutions, or of the propriety of their
items of expenditure, so far, as I am informed. Certain
it is no report has been made to either branch upon this
subject for their instruction.

Entertaining these views of the expenditures to be
authorized by this bill, the legislature will see that it
would be impossible for me to approve it. If I should
approve it I should do a confessed wrong. I might
escape some responsibility by allowing it to become a law
without my approval. In that case I should sutler a
wrons: to be done. To do rio-ht I must return it with mv
objections to it in writing, and leave the responsibility
with the legislature.

716

Special Messages.

Appropriations
for ChHritable
and Reforma-
tory Institu-
tiuns.

But it may be said, all this money will not be spent.
It must be accounted for, and the account audited by the
state auditor. Upon his good faith and propriety of con-
duct the people of the Commonwealth rely to be pro-
tected from frauds, overcharges and commissions, and
all the paraphernalia by which bad men in office seek to
rob the State. Would it were so ; but the state auditor
has nothino- to do with auditino- these accounts. The
boards having supervision allow the expenditures to be
made substantially by their subordinates. Their subor-
dinates fix the prices at which they buy, and approve the
bills which they contract, and the board approve what
their subordinates have done, and the state auditor only
examines the figures and sees that they are correctly
added, subtracted, multiplied or divided, as the case may
be.

The auditor's report will show that the expenditures on
behalf of the Commonwealth, jDassing mediately or im-
mediately through his office, have amounted to more than
thirty millions for the past four years. From the first of
January, 1879, to January, 1883, there is no record in
his office of more than two subjects upon wiiich he has
made any reduction whatever ; one in the bill for paper
for legislative and other printing, and the other in the
bill of the warden of the state prison for legislative re-
freshments. And yet he has done his w^hole duty accord-
ing to law, the law requiring him, unless he knows
something to the contrary, which substantially he never
does, to pass the bills upon the approval of the boards or
persons who contract them. After the state auditor has
approved a large number of accounts, they are put
toorether in one warrant, which is sent to the council on
the day it meets ; it is examined by a committee, which
knows nothing and can know nothing about it ; it is re-
ported to the council, and is passed without any examina-
tion, simply because no examination can be made, and
the warrant is signed by the governor, and the money
departs from the treasury; the treasurer then gives to
the officer incurring the liabilities, the money in gross
sums, and he takes it and goes aroynd and pays his bills,
and may divide commissions with the persons whose cus-
tomer he is.

Therefore, with no sufficient examination by the legis-
lature of estimates made by the party or board which is

Special Messages. 717

to expend the money, and then the bills to be approved ^P^^^P'^^bhT*
by the same board, and then the money to be paid over andReforma.
to the sanie subordinate who contracts the bills, to be tlons."^" "
paid out to his contractor, I cannot, with my views of
what is the duty of the Executive to the people of the
Commonwealth, approve this bill of appropriations, but
must send it back to the legislature, asking the several
branches thereof, as they cannot amend it, to pass another
bill, cutting off these large amounts of salaries, placing
proper guards and checks upon this immense expendi-
ture of money, so that it can be know^n by somebody
except those Avho can make money out of so doing, how
it has been spent and where it has gone.

and Ira-
ent
Company.

[To the Senate, March 19.]

There has been presented to the governor for his revisal f"!"'^''/'"®,

, Wharf and

a bill allowing the Somerville Wharf and Improvement profement
Company two years further time in which to organize,
which bill originated in your honorable body.

This company was incorporated by chapter 147 of the
Acts of 1880. Upon an examination of the report of
the committee of the Senate, I find no reason stated why
this time should be extended, nor am I informed from
any discussion which took place in either branch of the
legislature of any reason presented to either house why
the company should have this extension of time.

I am led, therefore, to look into the provisions of the
original Act of incorporation for the object of its exist-
ence, and the subjects upon which it may operate.

The Act provides that certain persons therein named
" are made a corporation by said name, with power to
purchase and hold in fee simple or otherwise, all or any
part of a tract of land bounded as therein described, con-
taining about two hundred acres. Said corporation shall
have power to sell and convey, lease, mortgage, and
otherwise dispose of and deal wdth said corporate j)rop-
erty, or any part thereof, and to manage, improve, fill
and grade the same, with authority to construct docks,
wharves and buildings, and to lay out streets and passage-
ways, and otherwise improve the same, as it shall deem
expedient," with a restriction upon building further into
tide-water than the harbor commissioners may permit,
and subject to all the liabilities, duties, limitations and
restrictions imposed l)y the general laws, '♦ applicable to

.mpany.

718 Special Messages.

son.erviiic ^<>j;c/^ corporatio7is." The capital stock shall be six Imii-

\\ narf and Itn- -» iiii ii

provenu-iit drecl thousancl doluirs, and the corporation may increase
its stock from time to time to an amount not exceeding
one million dollars.

It will be seen that the original Act was for the incorpo-
ration of a company for the sole purpose of holding and
trading in real estate, with one extraordinary power, which
would seem to be in contraventicm of all laws relating to
public ways. The quantity of land to be held by the com-
pany is stated to be about two hundred acres, or about
one-thirteenth of the territory of the city of Somerville,
this territory to be increased as much as it may by filling
in tide-water, up to the commissioners' line. Over this
territory the company has " power to lay out streets."
Being so empowered by a direct Act of the legislature, it
is difficult to see why such streets would not be public
streets, and the maintenance and care of them become a
public burden. If not, it might be that they would be
wholly within the jurisdiction of the company.

The great and controlling objection to the original char-
ter, which, having expired by limitation, this bill pro-
poses to revive, is that it gives to the corporation the
right to hold land in perpetuity, and to act for no other
purposes whatever.

This land, in the langUMge of the books, would be held
in mortmain^ or by the dead hand.

In all ages, and in all civilized governments, to hold
land in perpetual succession has been held to l)e against
public policy, except that corporations have been allowed
to hold land in limited amount, sutficient to enable them
to carry out the other purposes of their incorporation.

It is said that as early as the third century the Chris-
tian emperors of Rome found it necessary to pass decrees
against this method of holding land. Such holding of
land was the fruitful source of the "wrongs and oppres-
sions which caused the French Eevolution with all its
frightful results. And of all the laws enacted by the
National Assembly which obtained power in th;it revolu-
tion, substantially that which now remains in force is the
one that requires the division of lands among certain
heirs-at-law of the deceased at death ; the result of
which is that the lands of France have now become
divided into very small holdings ; and this is the source
of the great prosperity and wealth of her people, which

Special Messages. 719

enabled her to recover so speedily from the immense fvhifr7and im-
losses and vast military impositions of the conquerer in provement

J I- 1 Company.

the iranco-Cxerman war.

This evil was felt in England as early as the reign of the
III. Henry, principally, however, by reason of the action of
the religious societies, which then were the absorbers of
lands. Very stringent laws were passed against it, known
as Magna Charta, which laws were re-enacted under the I.
Edward, and have been the policy of England from that
day to the present, in regard to corporations, which can
only hold lands for their own purposes by license of the
king, as they are now limited here by acts of our legis-
lature.

But England had another form of holding large bodies
of lands in perpetuity through the laws of primogeniture
and entail. And I suppose it is a familiar fact that those
laws have resulted in making a privileged class of hmd-
lords and a pauper class of tenants, to the great detriment
of the realm of England, and still worse in Ireland.

At least, so our fathers considered, because they sternly
swept away the laws of primogeniture and entail, and
enacted laws against perpetuities in the holding of lands,
limiting the power of tying them up by wills, and requir-
ing them to be divided at the death of the holder, after a
limited period.

Such is still the policy of our legislation. And while
we permit corporations to be formed by general laws for
doing almost every other kind of business, save banking
and insurance, an inhibition has been placed in the general
corporation law against forming corporations for the pur-
pose of holding and trading in lands.

All monopolies are bad enough, but of all monopolies
that of the land on which men are oblio-ed to exist is the
worst.

It is true that in a few instances corporations have been
formed which were permitted to acquire large bodies of
laud. But those corporations have usually been created
for the purpose of some great public improvement ; gen-
erall}^ for the purpose of improving the navigation of
rivers, or the creation of water-power l)y dams for manu-
facturing purposes.

Examples of these are the Proprietors of the Locks and
Canals at Lowell, the Essex Company at Lawrence, the

720 Special Messages.

w™a*r'f ai'f<i im- Holjoke and Turner's Fulls companies upon the Con-
comparfy' uecticut, aucl the Boston Water Power Company.

This last corporation, by the obliteration of its water-
power from the growth of the city of Boston, has de-
generated into a laud c()mi)any, pure and simple, and its
stock has become a mere fancy stock for manipulation of
the stock market — not a very creditable exhibition to the
State of Massachusetts.

The East Boston Land Company, by which Noddle's
Island was improved and communication established
l)etween it and the city, stands upon a different footing.

The Hyde Park Company Avas purely a land company,
ruining all who had anything to do with it, and w^ould
seem to me ought to have served as a warning against any
like legislation.

The " Fifty Associates," who have absorbed so large an
amount of the real estate of Boston, is a company sui
generis, commencing with very small beginnings, has now
become one of the richest and most powerful, l)y its
power to hold land, none of which, so far as I am in-
formed, it ever sells. It is believed that no similar body
could obtain corporate powers to-day.

Many reasons could be stated for this public policy, but
its universality, which I have shown, is the strongest evi-
dence of the necessit}^ for preserving it.

Holding lands in perpetuity in the form of shares in a
corporation deprives the widow of her dower, and the
children of their inheritance, and renders it possible for
the price of land to be regrated for the benetit of the cor-
porators as against the ordinary purchaser.

Of course, no body of men desire a corporation to hold
and trade in lands except for their own benefit, and that
benefit is to be had by holding the lands and raising the
price thereof, thus making money out of the community
without any specific advantage coming to the public which
would off'set the inconvenience.

Perhaps there can he no better illustration of these facts
than that afforded by the act we are now considering,
which seeks to revive itself by this bill. It w^as passed
in 1880. That there was no public, or proper private
exigency for it, is seen by the fact that not a dollar of
its capital stock has been paid in ; it has not had even
strength enough to organize for three years, and now
asks the legislature to continue the cloud upon the title

Special Messagp:s. 721

of one-thirteenth of the hind of the city of Somerville ^v^^/f^ndim-
for two years h)no;er that it may oro:anize. provfment

•^ ..® -ii •• 1111 Company.

In my opinion every possible restriction should be
removed upon tlie sale and division of lands, and espe-
cially in the suburban cities of Boston ; so that they can
all be thrown upon the market for sale, in order that the
mechanics and laboring men who have their employments
in Boston can find cheap lands on which to build their
homesteads, easily accessible, in its immediate vicinity.

I have looked in vain to find any reason officially stated,
for either the passage of the original act or of this bill
continuing it. Certain it is that no report of the commit-
tee accompanies the bill which gives any such reason, nor
do I find that there was any discussion of the matter in
either branch. The Executive therefore is left without
any knowledge of the grounds of public policy which re-
quire the passage of the bill.

It is a fact which might excite curiosity that this bill
comes from the Committee on ]Mercanti!e Affairs. While
I admit that either House can refer a bill to any committee
it chooses, by any name it chooses, yet it is usual to
refer it to a committee which has other matters germane
thereto under consideration. And what mercantile ques-
tion is involved in a simple land company I am at a loss
to discover.

In the hope that the legislature will " proceed to recon-
sider " this bill, if it has ever been considered by it, and
that, if it ought to pass, the Executive as well as the peo-
ple of the Commonwealth will be shown the reasons why
it ought to pass, should any exist, I respectfully return
it to the body in which it originated, with these objec-
tions in writinof.

[To the House of Representatives, March 23.]

I have the honor to lay before the House the following l^he^iofeE
claim of Theodore E. Davis of "Washington, D. C, the Davis,
giouuds upon which it is based, and the amount of which
are fully set forth in his affidavit hereto attached. The
facts are briefly these : Mr. Davis is a practising lawyer
in Washington, engaged in settling war claims with the
treasury department. While so engaged he discovered
that, under certain rulings of the accounting officers lately
made, some items of account which had been theretofore
claimed by the State against the United States, and not

722 Special Messages.

Theodore E. allowed, would HOW probablj be allowed, provided he
^'^'■i^- could <ret authority from the State to investigate them,

and could get possession of the original vouchers upon
which the claims were made. For that purpose he came
to Boston, armed with the recommendations as to his char-
acter for probity and intelligence, from Hon. Amasa Nor-
cross and Hon. George D. Robinson, then representa-
tives in Congress ; and, after conference, received from
His Excellency Gov. Long a letter, dated Oct. 20, 1882,
addressed to the secretary of the treasury, a copy of
which from the archives of the executive department is
hereto annexed. His Excellency the Governor, in giving
this letter of authorization, appears to have acted under
the advice of the attorney-general. Mr. Davis was per-
mitted by the secretary of the treasury to examine the
accounts and vouchers then in the department, to as-
certain what accounts of the State had been allowed and
settled. It would seem that the last account which had so
been allowed of the State of Massachusetts was in 1870.
Mr. Davis, finding that there were claims which would be
allowed if properly prepared and presented, again came
to Boston, and, with the consent of the executive, was
furnished with the original vouchers for presentation.
The results of the labors of Mr. Davis were that of these
rejected claims, the sum of $11,754.12, was allowed by
the accounting officers of the treasury, and, through the
efforts of Mr. Davis, aided by our representatives above
named, a report of the amount so allowed by the acount-
ing officers was inserted in the bill of aj^propriations for
deticiencies, Avhich bill was passed by Congress, and the
sum of $11,754.12 was placed to the credit of this Com-
monwealth in the treasury of the United States. For
that sura Mr. Davis has handed to iTie a draft payable to
my order, on the assistant treasurer of the United
States at Boston, which draft, properly indorsed, I
have deposited with the treasurer of the Commonwealth
to be by him collected. It will be observed, in read-
ing the letter of authorization to Mr. Davis, that pay-
ment for his services was to be dependent upon
the action of the Legfislature. I therefore forward his
claim, and state these facts for the information of the
House of Representatives, where alone an appropriation
can originate for this purpose. It will be seen that Mr.
Davis has incurred some expenses and performed services

Special Messages. 723

which have resulted in a benefit to the State in the sum of ^'ij^/.^dore e.
nearly $12,000, which, without his action, would probably i^-'^is.
have been lost. For this benefit thus rendered the State,
it seems to me that Mr. Davis is entitled to a just and
liberal compensation, the amount of which I submit to the
wisdom of the Legislature. Mr. Davis also assures me
that there are still other claims of the State which have
not been favorably passed upon by the accounting oflicers
of the treasury, which may be obtained by proper exam-
ination and prosecution. I am also informed that the
statute of limitations, as the law is interpreted by the
accounting officers, will run against these claims, and
they will be forever barred if not prosecuted in proper
form before a day which I do not remember, in Jnne
next. I submit to the Legislature whether, if it see fit to
pass a resolution in favor of Mr. Davis for his services,
it should also make provision that he may l)e author-
ized upon the same terms as to payment, under which
the former authorization was made, to present and prosecute
such remaining claims. If the Legislature should find
that there are any further or other facts within the
possession of the executive which are needed to assist
it in its deliberations, such facts will cheerfully be fur-
nished to the House or its committee.

[To the House of Representatives, April 10.]

A bill has been sent to the Executive for his action, jurisdiction of
entitled " An Act to enlarge the Jurisdiction of Notaries Notaries PubUc.
Public," which appears to have originated in the House.
It provides that hereafter notaries public shall have juris-
diction and the right to act in any and all counties. The
provisions of this act also apply to all notaries public now
appointed, and provide thatthecommissions of notarieshere-
after appointed shall be made out for the Commonwealth.

I regi'et that I am not al)le to concur with the two Houses
in causing this bill to become a law.

A notary public is, in fact, an international officer, to
the testimony of whose acts all civilized states give credit.

In countries governed by the civil law, or codes grow-
ing out thereof, he is one of the most important function-
aries of the law; almost all civil acts must be sanctioned
by him, and he becomes the depository of the wills of
decedents, and, practically, in many cases, has the settle-
ment of such estates.

724 Special Messages.

^ouriesPubifc. ^'^ England and America, where the common Livv pre-
vails, he has less extended power; but both England and
America have conferred upon their consuls in foreign
lands, powers exercised by notaries public.

By our own Constitution he is recognized as a judicial
oflBcer, appointed and to be removed in the same way as
are judges.

By statute, as well as by international law, he must have
a distinctive seal ; and for the protection of all parties he
must keep a record of all of his official acts.

Until quite recently the jurisdiction of a justice of the
peace was confined to the county in which he was commis-
sioned ; but when all judicial power was taken away from
justi<;es of the peace, the legislature very properly en-
acted a law of general jurisdiction throughout the Com-
monwealth ; but now a justice of the peace has neither a
distinctive seal, nor is he obliged to keep any record of
his official acts, which are extremely limited in number,
and generally of small moment.

Not so with the notaries public ; their certificates of
acts done, and of the verification of records, go to foreign
countries, and under the law impart .absolute verity. No
notary should act except in his own office, where both the
seal and records are to be kept. He ought not to be
peripatetic. He is now, and ought to continue to be, a local
officer, so that he can be readily hunted up, and his records
examined. Now his acts must be shown to have been done
in the county in which he acts, which furnishes the means
of finding him.

If this bill should become a law, the notary might live
in Boston and act in Berkshire, and vice versa, and this
difficulty would increase more and more as time went on.

There seems to be no good reason why parties to be
affected by the acts of a notary should be compelled to
encounter these difficulties. There is a notary in every
town of any considerable importance, and there are fifteen
hundred, more or less, in the Commonwealth, — some
seven hundred in the county of Suffolk alone.

If the legislature should, or could, take away from the
notaries any of their powers, and reduce them to the level
of justices of the peace, perhaps some show of reason
might be given why they should be appointed to the whole
Commonwealth. But the legislature has not taken away

Special Messages.

725

their powers, and, as international officers, it might well NotadJs'pu
be questioned whether the legislature could do so.

1 feel obliged, therefore, to ask the legislature to recon-
sider this bill ; and, in the light of the objections I have
made, to see if there is any exigency which demands its
passage.

Fortunately for all concerned, there is no political sig-
nificance in it.

of
blic.

[To the Senate and House of Representatives, April 30.]

I have the honor to call the attention of the legisla-
ture to a fact brought to my attention, if I had no other
means of knowing it, by the State Board of Health,
Lunacy and Charity, that the appropriation for carrying
on the State almshouse for the year ending Dec. 31, 1882,
was nearly all expended before that date.

From considerations of public duty I have ordered that
Board to assume the duties of the trustees of that institu-
tion, which direction, after some delay, I am informed by
a vote of the Board they have determined to obey. Tbey
inform me that in part their hesitancy so to do was
because of the want of appropriations to meet the expen-
diture, being apparently in dread that they might be
personally responsible therefor. I have assured the
Board that until proper time for legislative or other
action in this behalf, I will personally see to it that the
money shall be forthcoming for the future use of that
institution.

There can be no fear that Massachusetts will sulFer any
person to go unclothed and unfed for want of appro-
priation of money for that purpose, if it is her duty to
see to his sustenance. Such has been her history. Most
ample, nay, lavish appropriations for all charitable and
educational purposes have characterized her legislation,
and been sustained by her people. And this remark is
equally true of our Commonwealth as to every object
proper for State appropriations ; and if there has been
mischance to any person in this behalf it has not been her
fault, but her misfortune in having unworthy servants.

I take leave further to say that while heretofore I have
informed the legislature that very large reductions, in
my judgment, can be made in the expenditures of that in-
stitution, yet the legislature will take into consideration
that the same course of lavish and unnecessary expendi-

Sfate Alms-
house,

726

Special Messages.

ho'ufe^''^*' ture to which I have heretofore called attention, has been
going on for one-third of the present fiscal year. A sum
considerably in excess of $90,000 was appropriated and
spent for the expenses of last year, yet I still have no
doubt that with proper supervision and administra-
tion seventy thousand dollars ($70,000) would have
been ample for the expenses of the State almshouse for
the present fiscal year, — assuming the same number
of inmates as in the last ; and that two-thirds of that sum
would now complete the fiscal year. I am so strongly of
that opinion that if the legislature will make such an
approjM-iation, and put the expenditure and care within the
control of the Executive, and the auditing of the bills
with the Council, I would not shrink from undertaking
the labor imposed by such a duty. If at the end of the
year it turns out that it cannot be done it Avill be the best
answer to any suspicion of extravagant expenditure in the
past. If it can be done, then it will be easy for anybody
to follow the example. If such a course is desirable it
can be easily reached by a single sentence attached to the
appropriation bill authorizing and directing such control
of the expenditure as above suggested.

[To the House of Representatives, April 30.]

Ocean Terminal I havc the honor to havc received a bill for considera-

Itailroad, Dock , • , i

and Elevator tiou, entitled " An Act to extend the charter of the
oceaa'*Terminai Occau Terminal Railroad, Dock and Elevator Com[)any,
pany?^^^°™" and to revive, confirm and extend the charter of the
Ocean Terminal Railroad Company."

As the original action was had upon this bill in the
House, I return it to that body with ray objections.

The title does not give the scope of its action, although
it embraces within it two corporations supposed to be ex-
isting, one under an act of incorporation passed in the
year 1881, and another supposed to be organized under
the general laws. But upon examination it will be seen
that the act itself revives, extends and gives difterent
terms and conditions of existence to another corporation,
the Mystic River Corporation, which in my opinion ought to
give reasons for its present existence. This will he seen by
an examination of the act of incorporation of the Ocean Ter-
minal Railroad Dock and Elevator Company, which is re-
vived by this Bill. Section 4 of chapter 239 provides that, —
"Said corporation, for the purposes set forth in this

Special Messages. 727

act may purchase and hold all or any portion of the lands, SanToaTr'oock'
whaivcs, property, rights, privileges and franchises of a"d Kievator
the Mystic River Corporation." And it authorizes said ocean Terminal

■ . i ,. 11 T A. L' n Railroad Com-

corporations to " sell, convey and transfer . . . all or any pany.
part of their respective lands, wharves, property, rights,
privileges and franchises " to said Elevator Company.
And the identity of the persons interested in the three
corporations will be shown by the fact that the incorpora-
tors of all are in a majority the same persons.

To understand the scope of this bill it becomes neces-
sary to examine the provisions of law creating the Mystic
River Corporation. That Act, chapter 105 of the laws of
1852, permitted the city of Charlestown, and such other
proprietors of lands and flats situated in Charlestown " as
shall vote to accept this act at a meeting called for that
purpose, are hereby authorized to enclose by a good and
sufficient sea-wall, and to till up a portion of the flats
lying between the north or main channel, and the south
channel in said river," bounded as in said act set forth,
which are the same lands and flats, the unsold portion of
which are now claimed by the Mystic River Corporation.

The act provides that " the proprietors shall be required
to keep open to its present depth the south channel of the
Mystic River from the point of termination at Elm Street
to the main channel near the easterly angle of the timber
dock at the easterly corner of the Navy Yard."

" That they shall widen the north channel by excavat-
ing the mud from the southerly side thereof to the depth
of the present channel," from point to point named in said
act, " and shall renujve the whole of the shoal in the
middle of said channel opposite Chelsea Creek, to the
general depth of the channel, and keep the same clear for
the convenience of navigation ; and if, in consequence of
this widening of the channel, there shall be any shoaling
of the same on the northerly side of said river, in front
ef the wharves belonging to the United States, said pro-
prietors t-hall restore the channel in that part to its original
depth. That the enclosed flats shall be tilled to the
depth of eight feet. That the work is to be supervised
by a commissioner appointed by the Governor, who shall
be paid by the proprietors, and said proprietors shall keep
up and maintain the excavations so made above these
improvements. This act to be void unless the structure
and excavations above described shall be commenced

728 ^ Special Messages.

lufiroadrc'odk^ within three years, and completed within eight years from
and Elevator and after its i)assa«fe ; and all right and title to the land
Ocean Terminal to be hllcd up oy virtiic of this act shall cease if the own-
pany. " crs of siich land shall fail to maintain all the excavations

hereinbefore required to be maintained."

And by an act of the same year an addition is made
which provides what special lands shall be released to the
Con)monwealth, and also provides how the sea-wall shall
be built and how far extended. The acts show that the
purpose of the Commonwealth was to improve the navi-
gation of that part of the river by a grant to the city of
Charlestown and the proprietors, to do certain work in
tilling flats and bnildino- a sea-wall which should bound
and deepen the north vmd south channels of said river.
And for that purpose the grant was made to the city of
Charlestown, in which the tide-waters were situated,
jointly with these proprietors.

This improvement, if undertaken by the city of Charles-
town, would doubtless have been carried out according to
the terms of the act ; but it does not appear that the city
of Charlestown ever did anything about it. It is certain,
however, that said structures and excavations were not
commenced within three years and completed within eight
years, which was a condition ; otherwise the act would be
void, because we find that by chapter 55 of the Acts of
1855 the time was extended three years.

Again, by chapter 481 of the Acts of 1855, the Mystic
JRiver Corporation was substantially granted a new char-
ter, giving, in addition to the other provisions, the right
to build docks, and extending the time of commencing
said structure and excavations three jears, and the time
for the completion ten years.

Substantially no work was commenced, and in 1859
another act was procured, allowing the Mystic River Cor-
poration to sell its land, not exceeding four-tifths, under
the supervision of the commissioner; that is to say, under
the supervision of a commissioner paid by themselves.
Thus a third extension of time for the completion of the
improvement was made for ten- years, which of course
would expire in 1869.

In 1867 the company applied for a fourth extension of
time to complete the improvement, and obtained one for
ten years after 1869.

Again the improvement was not made, and in 1878 a

Special Messages. 729

still further extension was asked for, and ten years more KatrrLX'i^ock'
were crlven them, under which fifth extension the corpora- ami Elevator

~ ' , A Company.

tlOn now claims to exist. Octa.i TermiDal

By chapter 145 of the Acts of 1880 the Myslic River pany.""'' ^''"'"
Corporation was "authorized to extend its band of pier
wharf Jjeyond the line now provided by law on the main
channel of Mystic Kiver ; " and by the second section the
corporation is authorized to purchase and hold shares in
the Ocean Terminal Raih'oad Company, which was incor-
porated in that year, under the charge of the same corpo-
rators. This was a corporation to be organized under the
general law, but which has not, in fact, been organized
under the general law, not having vitality enough to
organize itself, or to pay a single dollar towards the con-
struction of its railroad, within two years fiom which its
charter lapsed and its corporators applied for an extension
for two years more in 1882, and obtained it by the pro-
visions of chapter 9 of the acts of that year, extending the
time of its organization to the 6th day of May of the
present year.

Meanwhile, in 1881 the same corporators obtained
an act incorporating the Ocean Terminal Railroad, Dock
and Elevator Company, with the provision of which I
have spoken, giving them a right to l)uy, and the Mystic
River Corporation a right to sell, all its property and
franchises to that company. But that company had not
vitality enough to complete its organization within the
terms of the general law, or to do anything whatever,
and it now seeks by this bill to have the time for its or-
ganization extended two years longer ; and the question
which presents itself to me is, is there any public exigency
for so doing?

It will be seen that the provision for the Mystic River
Corporation to sell to the Dock and Elevator Company,
and the authorization of that company to buy, would op-
erate substantially as a confirmation of all the acts and
doings of the Mystic River Corporation.

I have traced thus carefully this legislation because it
illustrates and explains what has long been complained of
as an evil, and which has increased to such an extent as
to lead the legislature to inquire whether we ought not
to have biennial instead of annual sessions of the legisla-
ture.

Suppose every private and public corporation in this

'30

Special Messages.

and Elevator
Corapanj .
Ocean IV rminal
Kailroad Com-
pany.

Kanroad^iTol"k' Commoiiwealth should apply, as each would have a right
to do, to the legislature for so many acts, and so many
grants to cover their incapacities and delinquencies, then
the legislature would have to sit every day and every
hour during the whole year. But happily that supposition
is not the fact. We have before us, however, the fact of
this one corporation substantially requiring all this legis-
lation, besides takinsj advautaije of our general laws to
perpetuate itself. Each one of these Acts required a
hearing before a committee of the legislature, and we
are to assume at least full investigation, and then consid-
eration by the two Houses.

The House will do me the favor to remember that I
returned to the Senate a similar bill, with my objections,
for the extension of the Somerville Wharf and Improve-
ment Company. You will remember how much of the
time of the legislature was consumed in the investigation
of the validity of those objections, and the propriety of
passing such a bill. As an example of the necessity for
far-reaching examination, the considerations of the exig-
ency of that bill extended to an investigation of the
religious character of the emperors of Rome in the third
century, — a topic of research which has consumed
much time of ecclesiastics and historians, and covered
many pages of sacred and secular history of the condi-
tions of reh'gion and government of that remote period.
Even with all the care and attention so properly bestow^ed
upon that investigation by the Senate, this important fact
bearing upon the effect of holding land in mortmain was
not discovered by the legislatuie, or either body thereof,
so far as appears by their official documents, namely, that
Philip, the Aiabian, was a Christian Emperor of Rome,
reigning from the year of our Lord 244 to 249 ; which
would have been discovered, no doubt, if the demands of
the public service would have permitted sufficient time to
have referred to the letters of Origen, and the writings
of Eusebius and Jerome, wherein Philip is alleged to be
highly honored for his adherence to Christianity, and is
stvled as one " qui primus deregibus liomcmis Christianus
fait:'

In their necessary haste, the Senate was probably mis-
led by looking after a Christian empire, which was estab-
lished in the fourth century, and not a Christian Emperor
who reigned in the third century.

Special Messages. T31

I hope it may not be out of place here to observe that ocean Terminal
I clo not confound Philip, who baptized the heathen andEievator^
treasurer of Queen Candace, with Philip the Arabian. Company.

^t" 1 1 • 1 111 Ocean Terminal

I say this to prevent mistakes which would be no more iiaiiroadcom-
palpahle than for a lawyer to confound the Magna Gharta ^'*"^'
of King Henry, an act of Parliament concerning mort-
main, Avith the great charter of liberties extorted from
King John by his barons.

Former legislatures have been criticised because they
occupied more thau half of the year to do sufficient Icgis-
hition to serve the people of the Commonwealth for the
remaining six months. The legislation deemed necessary
to be had to regulate a single corporation would seem to
be a sufficient apology for them.

I am informed the fact to be that the Mystic River
Corporation has done no such dredging as is required by
the charter in this series of years ; and one evidence of
that fact is that Joseph E. Bartlett, the leading incorpora-
tor, took an individual contract from the United States to
do dredging in that vicinity, using the excavated mud to
till up the Mystic River Corporation lands in 1878.

Jf the House, by one of its co'mmittees, will examine
this tract of land, as it is within a mile of the State
House, I think they will see that I am correct, that the
fact is that no amount of dredging, filling or construction
required b}' the act has been done.

Another fact which tends to shovv that the corporation
has been fully reimbursed for all possible expenditures
is that the corporation sold lately less than one-half of
the land included within its limits, to the Boston k,
Lowell Railroad, for two hundred and eighty thousand
dollars ($280,000), which was within twenty thousand
dollars ($20,000) of the extreme limit of its capital stock.
The coiporation has now on the west side of Chelsea
Bridge, some fifty acres of flats remaining substantially
unfilled, most of w^hich in my judgment are clearly the
property of the Commonwealth, and are worth quite as
much as the land already sold to the Lowell Railroad on
the west side.

Now these flats will probably be shortly needed for the
use of the railroads runnino; into Boston for elevator and
dock purposes, some of the best water of Boston harbor
not occupied by the United States for naval purposes,
being adjacent to those flats. Why should the corpora-

732

Special Messages.

Ocean Terminal tfon claim these flats as their property, when they have
and Elevator failed to give to the Commonwealth the consideration for
oc^n^Terminai which they Were to have them, to wit, the completion of
panyT*^^""'' ^ sca-wall, which has not been done, and the filling up of
the flats, which would prevent their unheallhiness from
the miasma at low tide water, which also has not been
done. And why should the legislature pass this bill and
sanction the selling of them to another corporation which
yet has not had vitality enough in a series of years to
raise any capital or complete its organization, and
which, when called upon by the tax commissioner
to pay a corporate tax, excused itself from so doing
because they had not organized. Why, for two years
longer, should this cloud be upon the title of the lands of
the Commonwealth, or of the adjoining proprietors ; and
why should it not be open to sale for the purpose for
which it is needed, without any interference on their part.
Perhaps there is no better illustration of the mischief
of holding land in mortmain than the one before us.
Quite a generation has passed since this land was granted
to this corporation in consideration of certain public
benefits. If it had been in private hands it would have
been long since divided, and probably sold by the heirs of
the proprietors. The new corporations, the Terminal
Railroad, and the Dock and Elevator Companies, have
had now three years in which to do something. They
have done nothing. The Mystic Corporation has had more
than thirty years, and they have done nothing substan-
tially to fill their obligations, but have simply held their
lands and waited until they could sell them at an enormous
price to a railroad company, which must increase its
freightage to the people of the Commonwealth for the
purpose of paying the income on that expenditure.

Failing to see any claim that these corporators or cor-
porations have to further existence as organized, I would
say that if the legislature does not rehabilitate them, and
give them a new existence beyond the reach of the Execu-
tive, it will be the duty of the Executive to see that they
cumber the ground no longer.

[To the House of Representatives, May 7.]

Examination of I havc the houor to enclose herewith a copy of a cora-

Insurance Com- .. ., -, ii-

panies. munication addressed to me by the insurance commis-

sioner, disclosing a fact of which I had before no official

Special Messages. 733

information, although I had some unofficial knowledge. ^fguTince'com-
To this communication I beg the attention of the legisla- panics.
ture.

By the statute the insurance commissioner is made
'* commissioner and actuary."

In practice I believe an actuary is one who examines,
as an expert, the condition of insurance companies and
insurance business, and very frequently employed by
large insurance companies from private life to make such
examinations for the satisfaction of the officers and stock-
holders themselves.

The legislature will see that the provision of law in
regard to examinations of insurance companies, has been
wholly ignored and unfulfilled.

That provision is a very important one. It requires
the examination of the atiairs of all the companies of the
State to be made by the commissioner or deputy commis-
sioner, acting as actuaries in fact, once in three years.
This has not been done within the last three years, and
it appears that it has not been previously to that time.
Therefore there is no official knowledge in the possession
of the insurance department of the actual standing of the
State companies. From my own examination I know
that one or more of them are not in a safe and proper
condition, and have not been for some time. The present
commissioner of insurance finds the alleged reason of the
neglect of this duty in the office to be a want of suffi-
cient force to do it. This arises because the statute
driecting this to be done by the insurance commissioner
or his deputy is supposed to limit that examination to one
or the other of them only.

As the legislature is doubtless aware, the examinations
of companies out of the State, both fire and life, which
are made, are paid for by them ; but there is no provi-
sion for the companies in the State paying for any such
service, as the law supposes that the salaries of the com-
missioner and deputy commissioner are a sufficient re-
muneration for that service. It will be seen, therefore,
that there is an urgency that these examinations should
be at once made, for the safety of all concerned, as well
the companies as the policy-holders and the public.

The commissioner has no funds at his disposal with
which to employ any clerical force to take the place of
himself and deputy while engaged in those examinations ;

734

Special Messages.

Examination of ^^^^ ^^ would appeal" that they have enough business to do
Insurance Com- y^[i\^ their dutics lu relation to foreio-n companies, and in

panics. O i n 1 •

their official positions in the office to employ all their
time.

I am very unAvilling to recommend the appointment of
new officials, and I do it with great reluctance ; but it
would be a false economy to allow the necessary business
of the State not to be done for want of sufficient force to
do it. I therefore recommend to the legislature either to
so change the law that these examinations may be made
by some person appointed by the insurance commissioner
for the accuracy of whose work he shall be responsible,
and provide a sufficient sum to pay him, or that a law be
passed providing for an actuary to be appointed by the
Governor and Council, or the commissioner, with their
consent, with a sufficient sum for salary to obtain the ser-
vices of a skilled and competent person for that work so
that it may be done at once.

I commend this to the attention of the legislature most
earnestly, and hope that its judgment in this matter will
confirm my opinion.

Resolution of
the Legislature
of Tennessee.

[To the Senate and the House of Representatives, May 26.]
I have the honor to transmit herewith a copy of a joint
resolution of the Legislature of the State of Tennessee,
forwarded to me by the executive of that State, in regard
to the commemoration of the one hundredth anniversary
of the inauguration of President Washington, by holding
at that time a national and international exhibition, for
such action as to the wisdom of the legislature shall seem
proper.

Election of
AlJermen in the
Citj of Boston.

[To the Senate, May 28.]

I take leave to return, with my objections in writing, a
bill entitled "An Act concerning (he election of aldermen
in the city of Boston," which I pray the Honorable Senate
to proceed to reconsider in the manner prescribed by the
constitution.

It cannot be doubted that this bill, if it becomes a law,
would change very substantially, and in very material
matter, the organization of the government of the city of
Boston.

By the present charter of the city the aldermen are
elected by the votes of the whole people of the city. The

Special Messages. 735

bill proposes that each alderman shall be elected in a Kipotion of
separate district, which is presented in the bill itself. oi't?of Bolto'r

As a determining objection to this bill lies against its
whole intent, scope and action, I proceed first to con-
sider that ; and afterwards some objections to its details,
which would seem to me of formidable weight.

Under our constitution, until the amendments of 1820,
no power was given, or claimed by the legislature to
charter a city municipality in this Commonwealth, with or
without the consent of its people.

By Article II. of the amendments referred to, the gen-
eral court was given full " power and authority to erect
and constitute municipal or city governments in any cor-
porate town or towns in this Commonwealth, * * * *
and to prescribe the manner of calling and holding public
meetings of the inhabitants in wards or otherwise, for
the election of officers under the constitution, and the
manner of returninof the votes s^iven at such meetino-."

If that article had stopped there, then the bill would
be open to no constitutional objection. But to that article
there is a very material proviso, containing two restric-
tions on the power of the legislature in this regard.

First, That no such government shall be erected in /

any town not containing twelve thousand inhabitants.

Second, " Unless it be with the consent and on the
application of a majority of the inhabitants of such town,
present and voting thereon, pursuant to a meeting duly
warned and holden for that purpose."

The construction of that proviso has necessarily been
that no municipal corporation or city has been erected
in this Commonwealth without the previous application
of the citizens duly expressed in a constitutional manner
by a majority vote, and the charter submitted to be
adopted by the same vote at a legally warned and holden
meeting.

The question then presents itself; a municipal corpora-
tion, having been created, its form of government estab-
lished by its charter, which charter could only take effect,
and has ever taken effect, by the adoption of its citizens
expressed through their vote — can such form of govern-
ment be constitutionally altered by the legislature with-
out a like vote? Or, in other words, can the legislature,
after it has erected a city government by a charter accept-
able to the citizens of a town, and it has been accepted

736 Special Messages.

Election of bj them, then exert the power to change the whole form

cuj"n?ob"ol!!^ ^"cl substance of that charter, and impose upon them a

burdensome, unjust, partisan and iniquitous government?

Would such a proceeding be claimed by any just-minded
person to be a form of government with the consent of
the governed which is fundamental in a republic, as to its
details as well as in the general. A statement of this
proposition is all the argument needed to have it pass in
the negative. And so have the former legislatures, except
in very unimportant points, treated all the cities of the
Commonwealth in relation to any changes in their char-
tered rights, and have always submitted every material
change of the form of action of the city government, to
the ratification, by their acceptance, of the people of the
city, by their votes in a legally organized meeting, such
as that by which they at first accepted that charter.

And in these unimportant changes, which might seem
to be exceptions, the legislature has conformed to the
spirit of the constitution by requiring them to be accepted
by a vote of the city council. "^

In 1822, chapter 110, "An Act establishing the city
of Boston;" 1823, chapter 107, "An Act in addition to
an act establishiiiii the city of Boston ; " 1825, chapter
49, "An Act in further addition to an act to establish the
city of Boston ; " an act of the same year, chapter 52, "to
establish a fire department;" 1827, chapter 144, "An
Act for the protection of the city against fire;" 1830,
"An Act providing for the election of the mayor;" an
act of the same year, chapter 7, for the same purpose;
1834, chapter 158, "An Act in further addition to an act
establishing the city;" an act of 1835, chapter 128, for
the same purpose; an act of 1846, chapter 167, "for
supplying the city with pure water;" an act of 1851,
chapter 337, being "An Act in regard to the organiza-
tion and power of the city council ;" 1852, chapter 266,
"An Act in regard to the city ;" 1854, chapter 449, "An
Act in addition to an act to revise the charter ;" 1854,
chapter 443, "An Act for the annexation of the city of
Charlestown;" 1867, chapter 359, "An Act to unite the
city of Boston and the town of Dorchester," — were all
submitted to a vote of the people, being the only cases
which directly interfered with the charter provisions of
the city of Boston.

In 1824, "An Act concerning the house of correction

Special Messages. 737

in the cit}' of Boston and providing for filling vacancies Election of
in the board of aldermen," and "An Act concerning elec- city^f^BoltJu?
tions ;" 1845, chapter 1, "An Act to establi-h a municipal
court in the city of Boston ;" an act of 1871, chapter 280,
"to provide for the regulation and inspection of build-
ings, and for more effectual protection against fire ;" 1876,
chapter 246, "An Act in relation to ward officers of the
city of Boston;" being matters not interfering with the
chartered rights of the citizens, but giving them additional
powers and privileges, were not submitted to a vote of
the people.

"An Act to authorize the city of Boston to estab-
lish a public library," in the year 1848, and "An Act in
addition to an act supplying the city with pure water" —
the original act having been submitted to the people —
and "An Act to amend an act establishing the city;"
1850, chapter 262, "An Act in regard to the fire depart-
ment;" 1853, chapter 38, "An Act to allow {he c'liy of
Boston to found and maintain a public library;" 1858,
chapter 86, "An Act in further addition to an act for
supplying the city with pure water;" and in 1859, an
act in further addition to that act; in 1874, chapter 60,

" An Act establishing the Board of Registrars of Voters " ;

1874, chapter 400, " An Act to authorize the city of Bos-
ton to obtain a further supply of pure water," — were all

submitted for ratification by vote of the city council.
In 1875, chapter 243, " An Act to allow the division

of the city of Boston into twenty-five wards, and to fix

the number of members of the common council, provided

that the division should be made by the council."

An act of 1876, chapter 242, relating to the division

of ward twenty-two into wards, had been passed by the

city council, and was only ratified by the legislature ;

and in 1878, chapter 244, " An Act in relation to the

police department of the city of Boston " was petitioned

for by vote of the city council.

I have seemed tedious, I fear, in the enumeration of

all these acts ; but, so far as I can learn from the debates,

they have not been brought to the attention of either

branch of the legislature.

But this right to control their own government is a

matter of such importance to the nearly score of cities

in this Commonwealth, that I have thought it my duty

to so far present the details.

738 Special Messages.

Election of It woiilcl lengthen this paper by far too much to examine

(Vty''o?Bo8'ton.'' ^^^^ legislative action toward other cities of the Common-
Avealth in the same detail ; but the same general facts as to
the course of legislation will apply to them, with some
isolated exceptions. But even those exceptions, I believe,
upon careful examination, will be found to contain this
element, — that, where the revision of any portion of the
charter has not been submitted to the people of the cities
for their adoption, that the cities, by vote, either of their
councils or of their people, had applied for such amend-
ments and revisions, or, in other words, previous appli-
cation of the city had been made to the legislature for
the desired changes.

It will be observed that no party or political question
or considerations have entered into the constructions of
the meaning of the constitution by these acts. They have
been made by legislatures of all parties.

Perhaps no more partisan legislature, using that word
in its mildest sense, ever heretofore sat in your halls than
the leo-islature of 1879, under the executive Guidance of
His Excellency Thomas Talbot.

Certainly no more able committees of the judiciary
have, for years, sat in your houses than the judiciary
committees of that year ; and they were so imbued with
the spirit of the constitution in this regard, that, by chap-
ter 138 of that year, a slight change was made in the char-
ter of the city of Lowell, without submission to the people ;
and also, by chapter 3, in the charter of the city of Haver-
hill : yet, even then, a submission to a two-thirds vote of
the city council was required.

Again, by chapter 1G2 of the acts of that year, an
act providing for increasing the salary of the mayor of
the city of New Bedford a few hundred dollars per year
was submitted to a vote of the people ; and by chapter
190, a change in the mode of choosing assessors in the
city of Cambridge was submitted to a vote of the people.

And by chapter 146, an amendment changing the
tenure of officers from one to three years in the city of
Somerville, was submitted to a vote of the people.

Your honorable body has not been unmindful of the
spirit of the constitution in this regard, in that you
have, at the request of the city of New Bedford, changed
the salary of the mayor and submitted that to a vote of its
council ; and a change in the salary of the mayor of the

Special Messages. 739

city of Worcester was also made upon pri(;r request of Election of

thnt n]i\r Alderm.nin the

But in these several changes there was nothing partisan
whatever.

All the law books say that contemporaneous construc-
tion of constituti^onal and other legal provisions is the
highest and best exposition of the kivv.

Were the constitutional power as clearly in favor of
this bill as it seems to me to be against it, I should still
interpose, and feel myself constrained so to do, objection
to its passage.

No exigency for it is shown as iipparent.

For sixty-two years Boston has had its present form
of electing, by general ticket, its upper branch of the
city council, and has flourished exceedingly, ri^^ing from
an insignificant town of twenty thousand inhabitants to
a city of 363,000 inhabitants, and it has been the boast
of her citizens and is claimed with pride by the Slate, that
she is one of the best, if not (he very best governed
cities in the United States, having by her charter a check
upon the local interests of her council, which is elected
by wards and districts, in the balancing power of her
board of aldermen, every member of which must be
elected by her citizens nt large, and therefore feel that
the city, and not a locality, is their constituency.

Has the experiment of electing aldermen by districts,
in New York, worked so favorably that we are now to
fall in love with it here, and bow down and worship it?

Nay, has it been deemed a fortunate circumstance that,
under the constitution of New York the legislature of
that State can impose any sort of a charter it pleases, and
as often as it pleases, upon that great city?

Has that been productive of so much good that we
can afford to violate both the letter and the spirit of our
constitution to attain such an end ?

If I could believe the newspapers I should be taught,
that the citizens of New York look upon that power of the
legislature to impose any form of government upon them,
year l>y year, sometimes, as it is claimed, by bribery and
corruption, as a tyranny ; and changes of charter as
arbitrary, whenever, as it is claimed, it has been done
when there is a change in political parties in the State,
and sometimes, as has been asserted, in order to affect
elections in the State of New York by legislative power.

740 Special Messages.

Election of Of coui'sc, iiothiiig of that sort could by any possibil-

cuyTBoitou!" ity affect the action of a Massachusetts legishitor.

But ought we not to see to it that a precedent shall not
be established in these, the pure days of Massachusetts
politics, which may hereafter be quoted against us when
bad men and partisan politicians may sit in our seats?

Again, I suppose there is no exigency for this bill be-
cause, if I may quote the same authority, I should be
taught that the same men who now favor this change in
the city charter opposed it one year ago, showing that
full reflection upon the same topic has had its due effect
in enlightening the consciences and forming their judg-
ments.

True the force of this argument is weakened by the
fact, learned from the same source, that some men who
oppose it now favored it then, both of which "modern
instances " convince me that we had better go on in the
good old ways of our fathers.

Second, Upon examining tlie details of the bill, I fear
that the legislature have not had time 'mid their arduous
duties to observe its full effect.

I suppose that equality of representation in every legis-
lative body is fundamental, that is to say, it has always
been held unjust to so arrange representative districts as
to give to a few more power than the many.

Unfortunately Massachusetts has had a bad eminence
in that regard which no act of mine shall exalt.

A division of Massachusetts into districts in the olden
time, even in the pure days of our Revolutionary fathers,
gave birth to a new word in the English language —
" Gerrymander" — so named after one of my predecessors
in this chair who was supposed to have planned the dis-
tricting of the State into unequal representative districts,
for political purposes.

The map of Massachusetts, when those districts were
made, being painted in colors, made a picture of a
strange looking animal, to which this term was applied,
and I fear, in examining the outlines of the districts
provided for in this bill, if correctly sketched and colored
by a comic artist, they would produce an equally uncouth
looking, if not as monstrous, a bird.

I find that in district number three, the 1)111 requires
eight thousand five hundred and sixty-seven (8,567) legal
voters to make an alderman, whereas in district number

Special Messages.

741

rection at
h^mouth.

twelve it only takes two thousand eight hundred and Election of
seventy-two (2,872) to have an alderman of equal weight c'tyTBostonf
with the other ; that is to say, in district number twelve
one voter has just as much power in the city government
as four voters in district number three.

If these stood alone I might suppose it was an inadver-
tence; but district number eleven, with four thousand
aud fifty-four (4,054) voters, has the same aldermanic
power as district number two, with seven thousand nine
hundred and twenty-four (7,924) voters.

"With my limited acquaintance with the city of Boston,
I do not know Init that the weight of the voters in the
small districts might outbalance the numbers in the larger
ones, but such is not the theory of our constitution and
of our government : — equality of rights, equality of power,
equality of burdens and equality of privileges under the
law, are fundamental and axiomatic.

[To the House of Representatives, May 28.]

I return to your honorable body a bill to authorize the House of cor-
County Commissioners of Plymouth County to enlarge pjy'^
aud remodel the House. of Correction at Pljanouth.

This bill, if it should become a law, authorizes the
county commissioners of that county to enlarge the house
of correction at Plymouth at an expense not exceeding
forty thousand dollars ($40,000.00), and for that purpose
to borrow, on the credit of the county, a sum not
exceeding fort}^ thousand dollars ($40,000.00), and to
employ, so far as may be, convict labor to aid in the
construction ; and, further, to sell the jail and jail-
houses, and to use the materials thereof in the construc-
tion.

Prior to this bill reaching me, I had received a con-
siderable number of petitions, signed by a large num-
ber of the most respectable citizens of that county, asking
me to take measures that the same shall not become a
law.

These petitions are certainly entitled to weight, at least
in so far as to cause me to give the bill the most careful
consideration.

Turning to the financial reports of the county, I find
that it makes a very creditable exhibit, in so far that its
cash debit, above its cash assets, does not exceed the sum
of five thousand dollars ($5,000.00).

742 Special Messages.

House of It is to be strongly wished that the inclebtedment of

piymoiuir/* other counties in the Commonwealth could make, as a
rule, any like showing; because, if they could, the people
of those counties would not be burdened with very large
taxation to meet great liabilities largely incurred for the
purpose of the construction of numerous and expensive
county buildings, the objection to which is not only the
too burdensome interest upon the sum expended in their
cost, but also the very large outlay necessary to keep them
in repair and to care for them.

In the earlier history of the State, when locomotion
was both tedious and expensive, lawyers, judges and
other persons who had business to do were compelled to
spend a large portion of their time while doing it, in the
shire towns.

It was, therefore, then desirable that the courts and
their machinery should be brought into as close proximity
as possible to the people of the several parts of the county,
and so several shire towns were established with county
buildings therein, but since the State has been a1)solutely
"gridironed" by railroads, so that every person in the
county, as a rule, can, in the course of three hours at
the most, reach every other portion of the county at small
expense, transact his business in the day and return home
at night, the requirement for a number of shire towns in
the same county, and their attendant county buildings,
has largely ceased.

But it may be said that there need not be, and, as a
rule, there is not but one House of Correction in a county
for the incarceration of prisoners sent to it.

True ; therefore it is all the more necessary that such
House of Correction should be at, or as near as possible,
the centre of the population of the county.

The convicts sent to such county house largely come
there on the sentences of trial justices or police courts,
and the cost of their conveyance to and from their places
of detention, with the accompanying official fees, become
a very large item of county expenditure.

The large sum appropriated by this bill, and the fact
that the jail at Plymouth is to be torn down and the mate-
rials used in constructing a House of Correction, shows
substantially a new jail is to be built in the town of Plym-
outh.

Now, Plymouth is at the extreme border of the county ;

Special Messages. T43

a town of some seven thousand inhabitants, and nearly [Io"it^,.,°^„ at
stationary in its growth. Plymouth

It is surrounded by a sparse, and, I am fain to believe,
a virtuous and quiet population, who would have little
occasion to use a House of Correction.

The larger and more populous and growing towns are,
as a rule, near the other extremity of the county, where
there is also a rapidly growing city which claims some
fifteen thousand inhabitants.

These are economic considerations, which are entitled
to some weight in the consideration of the exigencies for
this bill.

All the supreme and superior courts now are, or may
be, held at Plymouth, and I suppose it is a fact that can
hardly disguise itself, that one of the reasons for the pro-
motion of this legishition is, that this large expenditure
may tend to fasten the courts in Plymouth as the only
shire town.

This appears from the fact that application has been
made for another half-shire town in the county, to the
present legislature, which application had so much of ap-
parent merit in it, that it had been referred to the next
legislature for its consideration, together with the propo-
sition to rebuild the House of Correction.

But this bill, by the energy of its proponents, was
brought back again into this legislature by a motion to
reconsider, and has passed both branches. The shire-
town bill still remains referred to the next General
Court.

It may be considered an agreed fact that the present
House of Correction is not sufficient to accommodate
those sent there, its actual accommodation being only for
thirty-two, while there are sometimes more than fifty sent
there to be confined.

But the county commissioners have adopted the plan
of having the excess confined in the House of Correction,
in the neighboring county of Norfolk, where there is ample
room, at a cost of some three dollars per week.

The average whole number is forty.

Now, as I am informed that thirty-two can be well
enough accommodated in the present House of Correction
at Plymouth, and supposing the average excess to be
twenty, it will be seen that this large expenditure, if it
were $40,000 only, would be equal to the construction of

744 Special Messages.

House of a building at an expense of $2,000 for each such iumate in

Plymouth. cxcBss of prcscut accomuioclation.

This seems to be wholly disproportionate, but of itSelf
would not be a conclusive reason why I should interpose
my own judgment against the judgment of the people of
that county, but I have uo evidence that the people desire
this expenditure.

Indeed, I am told, that but three only of those repre-
senting wholly that county in the House, voted for this
bill.

The determining objection with me is a deeper and
farther reaching one.

The bill authorizes the Board of County Commissioners
to burden the county with debt in order to construct this
building.

Neither of those officers was elected with a view to this
exigency, and the people cannot pass upon their fitness to
do so grave a work until this debt, eight times larger than
the present debt of the county, can be fastened upon them
without their desire, and, so far as is apparent, against
their consent.

But, beyond this, under our system of constitutional
government which recognizes towns, cities and counties as
independent bodies for all purposes of local self-govern-
ment, I do not believe that the legislature has any right to
fasten upon such municipal bodies a debt for local pur-
poses without the consent of the people, duly expressed
at the ballot-box, upon the very question itself.

This was the earlier and better legal doctrine of the
Commonwealth. Our cities, towns and counties existed
as independent, local, self-governing bodies before the
CommouAvealth existed, and I do not believe that the
people of the Commonwealth, in framing the Constitution,
did surrender the rights of local self-o:overnment when
they framed our Constitution and erected our General
Court.

I fiiid no language in the Constitution aptlj' describing
such surrender, and I am sure our sturdy fathers, who
fought in the Revolution against taxation being imposed
upon them without their consent, would never have sur-
rendered such a right without putting such surrender in
the plainest and most guarded w^ords.

I t;ike it that the constitutional distinction is this ; That
the General Court can impose equal taxation upon all the

Special Messages.

745

people, because all the ppople are represented therein, for House of
the general purposes equally affecting all, but cannot im- Plymouth.
pose a burden of debt on any less than the whole.

But the Genera] Court cannot, and, if they can, ought
not to impose burdens and taxes upon the local munici-
palities for their local purposes, only when the consent of
the people of such municipalities has been obtained.

By the earliest legislation the duty of building " fit
and convenient" houses of correction was imposed upon
counties by the legislature authorizing the Court of Gen-
eral Sessions, which was composed of the several justices
of peace of the county, to levy a tax for that purpose, but
not to run the county into debt for it.

The legislature left it to the county to determine what
was a " fit and convenient " House of Correction, making
the county liable for the escape of a prisoner, if the
escape was owing to the faulty construction of the build-
ing.

When the Court of General Sessions was abandoned for
county commissioners, by what was an oversight of legisla-
tion, the power to build county buildings was left to the
discretion of such board ; but the discretion was so extrava-
gantly used, and such loads of debt were thrown upon the
counties, that the legislature had to interfere and restrict
the building of county buildings to a certain percentage
on the debt, without leave from the legislature, hence this
application to octuple the amount of debt of Plymouth
County.

As a result enormous burdens of debt have been im-
posed upon some counties for such purposes which never
would have been imposed upon them if the question of
the expenditure had been referred to the people of the
counties respectively.

I therefore respectfully call a halt in this direction, and
ask the legislature, in the light of these, my objections, to
reconsider this l)ill, and I return it to the proper body
thereof for that purpose.

[To the House of Representatives, May 28.]

I crave indulgence for supposing that I can now be per- ,^TnionSafe
mitted to take official notice of the public action of your Deposit vauito.
honoraljle body in relation to the message I had the honor
to forward to the House on the 23d of Februaiy, because
of the report of a committee of the House upon that

74G ' Special MsssAaEs.

Union Safe suliject. Up to this time I have not felt at liberty in any
Deposit Vaults, public manner to say anything upon the topics treated
upon in that report.

If the honorable House had asked the " Supreme Ex-
ecutive Magistrate" of the Commonwealth for any infor-
mation to guide its action in that spirit of courtesy and
proper official relations that ought to exist between two
co-oidinate, and in their spheres equal branches of the
government of the Commonwealth, I should have answered
an intimation or request in that regard to the House with
the frankness with which I am certain the House will do
me the credit to say, I have always addressed them. Of
course I should not have submitted to the action of any
committee of investigation of the action of the Executive,
because I respectfully submit the House has no authority
to investigate the action of the Executive, or to question
it, any more than the Executive has authority to investi-
gate the action of the House, or to question it, its regu-
larity and propriety, except in the manner pointed out by
the constitution. The House, as the grand inquest for the
purposes of impeachment, can always inquire into the
action of any executive officer of the Commonwealth, from
the highest to the lowest ; and for that purpose may call
upon the confidential servants of such officer for any in-
formation tending to show him guilty of high crimes and
misdemeanors, but for no other object or purpose "what-
ever. The Executive may object, and communicate his
objections to the House, to any official act of the House,
Avithin the constitutional limit, and no other, and must
look only to the official journals of the House to ascertain
•what the action of the House has been in any matter
about which the Executive requires instruction ; but the
Executive cannot ascertain the official action of the House
by inquiring of its clerks or servants, of what it has omitted
to do ; and any attempt of the Executive to summon them
before him for that purpose and oblige them to disclose
any action of the House — it might be in secret session —
■would be a grave contempt of its authority and an in-
dignity shown to its high position, worthy of and demand-
ing attention as very re[)rehensible, even if there might
be no constitutional authority for the redress of such a
wrong.

I gather from the report of your committee that the
House desires to know when, how, and under wdiat cir-

Special Messages. 747

cumstances the message of the 23d of February, in reo^ard union safe De-

.... . .1 TT- <~.<>-r>. '^-irij posit Vaults.

to the bill to incorporate the Union Safe Deposit Vaults
was prepared and sent to the House ; and I also infer that
the committee of the House have not been so fully suc-
cessful, in gathering that information for the House, as
the House might well have hoped it would have been. I
therefore take leave respectfully to supply the defects in
that information by the following statement ;

The hill in question was handed to the private secretary
of the Governor late in the afternoon of the 21st of Feb-
ruary. Upon examination of it, certain objections im-
pressed themselves upon my mind, which were of weight.
I had been called upon to go to Washington by the exi-
gencies of certain private affairs, which demanded my
attention, some of which I had been putting otf Irom day
to day, in order that I might not be required to go more
than once, and also some public business, i.e., business
which concerned the Commonwealth, which required my
attention there ; and I proposed to leave the Common-
wealth on the evening of Friday, so as to avoid being
absent any more during legislative time than was neces-
sary. Some time after two o'clock on Friday, when, by
the rules of the Executive office, the general public would
be excluded from the Executive chamber, I called upon
one of my stenographic secretaries to take down trom my
dictation a portion of my message. As I can dictate in a
quarter of an hour more than any secretary can write out
in an hour, after I had dictated for a proper time to one,
I directed him to write out what I had dictated, and sent
for the other and dictated to him the remainder, so as
at as early a moment as possible I might be able to pre-
sent the message to the legislature. I was under the
impression at that time that the bill had originated in
the Senate, and I had so at first written the message.
With reasonable speed the message was prepared, written
out and presented to me for revision and signature. I
corrected it by striking out, on the tirst page, the words
"To the Honorable the Senate," and inserting the words,
" To the Honorable the House of Eepresentatives." The
only other corrections, if any, were of mere verbal
errors. While doing so I was called upon by the
Lieutenant-Governor concerning another matter, and I
was obliged to show cuit courtesy in that interview, and
ijave him as a reason for so doiiiii: that I was writing a

748 Special Messages.

Lnion Safe De- mcssHge of objcctions. He asked me in regard to what
poMt auits. J .|| ^ _^^^j J ^^^jj Y^[j^ j,^ regard to the bill incorporating

the Union Safe Deposit Vaults ; and he, with his accus-
tomed courtesy, left. Meanwhile, I had sent one of the
clerks to ascertain whether the Senate was in session ; he
reported that it was not ; that it had adjourned some time
about two or three o'clock. I then asked him if the
House was in session, and was told that it was not. I
then signed the message, and said, perhaps irreverently,
to my secretary, " Take this message, and when you can
catch a legislature, have it delivered to the House. Mean-
while, before yon have it presented, have the first sheet,
which contains the alteration from 'Senate' to 'House
of Representatives,' recopied, as I do not choose to have
the messag^e go with that change interlined in it." And
from that moment I have never seen the paper containing
the message.

At six o'clock that evening I left Boston, and about
half-past eight o'clock I left the Commonwealth en route
for Washington, and I did not return until I got ready.

There is no other fact that I know of that \\ill be of the
slightest importance to the House, and as the honorable
House of Kepresentatives will see, there has I>een no
reason why every fact should not have been known.

[To the House of Representatives, May 31.]

Expenses of I havc permitted the several appropiiation bills for the

lunshoule. charilablc and reformatory institutions of the State, ex-
cept the Reformatory Prison for Women and the State
Prison, to become laws by lapse of time.

As I have heretofore stated in a message to the legis-
lature, I could not approve them in the form in which
they were presented to me, and I cannot approve them
now.

Some of the institutions I do not think ought to exist
in their present form, and those I have already designated ;
but so long as the legislature sustains them, so long the
Governor can have nothing to do but to execute the laws.

I had thought the appropriations wcnild be diminished
very largely, saving some one hundred thousand dollars
($100,000) to the State, which I believed could have
been done ; and as a guarantee of that belief I offered,
in regard to one institution, to pledge my own means to
do it. Further investigation made into the expenditures

Special Messages.

'49

of the Tewksbiuy almshouse convinces me, the more I
probe them, that I am right. ^

I desire to call the attention of the legislature to the
following table taken from the official reports of that
almshouse, for the years 1862 and 1882, when under the
same superintendence, the only change being in the Board
of Inspectors, which table shows the fact of enormous
extravagance at the present time, conclusively : —

Expenses of
Tewksbury
Alinshouse.

Tewksbury Almshouse.

1862.

Appropriations for current expenses,
wages and services,

1882.

$46,400 00 603,000 00

Expenditures

1862.

1882.

Provisions and supplies, .

629,426 15

639,479 92

Clothing and dry goods, .

4,800 11

7,290 73

Fuel,

2,918 50

14,171 23

Medicine and medical supplies,

442 62

1,458 99

Furniture, beds, etc.,

432 96

1,636 85

Transportation & travelling expenses.

1,535 96

3,947 54

Salaries and wages.

7,464 44

19,485 77

Ordinary repairs, etc..

2,177 03

3,686 93

Other ordinary expenses,

7,499 82

Total current expenses, .

649,197 77

698,657 78

Average number supported per week,

913

895

Average cost per week, per inmate, .

61 03

62 12

Flour used (cost of) , . . .

8,439 75

11,513 76

Cost of flour per inmate, .

9 24

12 86

Whole number supported,

2,920

2,964

Admitted, .....

1,964

2,042

Discharged,

2,012

2,138

Births,

104

Deaths,

132

235

Percentage of deaths of average num-

ber supported, ....

l^xViT

26^0^^;

Percentage of deaths of whole num-

ber supported, ....

4^0^^

7t%1t

The foregoing table shows that less than one-half the
amount was expended for current expenses of the institu-
tion in 1862 for a larger weekly average of inmates, and
but little more than one-third of the amount was paid for

750 Special Messages.

TewkibuV*^ "services and wages" in that year, that was spent for
Airashouse. the Same pnrposes in 1882, and the legisUiture of 1883
has appropriated nearly three times as much for salaries,
and quite double the amount for current expenses for the
support of a less number of inmates in the same insti-
tution, the only ditierence being that a larger portion of
the inmates are quiet, chronic insane people. Surely an
able-bodied insane pauper will eat no more than an able-
bodied sane one, and the more of the insane that are sick
the less will be the cost of their support.

Another matter to be taken into account is that 1862
was the second year of the war, when the superintendent
of this institution, in his report for that year, said: —

" I am liapp3% moreover, to be able to report that notwithstand-
ing the increased prices of most articles of consumption, and
the withdrawal of nearly all onr able-bodied inmates, — in con-
sequence of the war, — the expenses of the institution have been
materialh' reduced." . . . . " One reason for this pleasant
result is to be found in the fast-growing productiveness of the
farm, which contributes largel}' toward supporting the alms-
house."

I desire further to call attention to the comparison of
the death-rate between 1862 and 1882.

In 1862 the whole number of deaths with the larger
number of inmates was 132, and at that time they had
foundlings at the institution ; and the same official reports
show substantially all died that were there in 1872.
And the whole number of deaths in 1882 was 2^5.
Or 14y4q5q per cent, of the average number supported in
1862 died, against 26 ^2.g5__ per cent, of the average num-
ber suppoited in 1882, when they had no foundlings;
thus leaving no apparent cause for this nearly doubled
death-rate in 1882, except over-feeding, which would be
an adequate one if they consumed all the provisions which
the expense account shows they purchased.

A careful examination of this table will show some
very astonishing facts, which are Avorth more than pages
of argument. Therefore, as they are simply extracts
from official documents, to bring them to the attention of
the legislature, and of our common masters, the people
of the Commonwealth.

Whether I am right in my belief that these expendi-

Special Messages. 751

tures should be reduced, or the legislature, the issue Expenses of
is made up and has gone to the people and must be Aim^houIJ.
determined by them. Neither the Executive, nor the
Executive Council can do anything in cutting down the
expenses of these institutions. They are all managed
by boards and officers beyond our control. If the expen-
ditures for them come to the Governor and Council only in
the shape of bills already incurred, and the warrants are
for the payment of parties who have furnished labor and
material, of course our refusal to pay any one of these
bills Avould only throw the burden upon the unfortunate
merchant or laborer who had furnished his merchandise,
or had given his labor, res[)ectively, and if refused i)ay-
ment by the Governor, would remain a valid claim
against the government to be paid hereafter through
the courts. In the case of two or three officers only,
amounting to a very small sum comparatively, is there
any veto power in the hands of the Governor and
Council, the great bulk of the salaries being wholly wiihin
the control of the officers of the several institutions.
Under the circumstances, the money appropriated by the
legislature must be spent, and from the statistics I have
shown you above, in my judgment wastefully and reck-
lessly spent. I do thus enter respectfully my protest
against these bills becoming laws, and suffer them so to do
because further contention upon them would be useless,
and delay the legislature in their adjournment without
day.
1

[To the Senate, June 2.]

I return to you a bill to incorporate the Newton Asso- Newton Asso-
ciates, which originated in your honorable body, and ask '^'^*®^"
that it may be reconsidered in the light of my objections
in writing, sent herewith.

This bill was reported from the Committee on ISIercan-
tile Aflairs, although what the incorporation of a com-
pany to buy and sell land has to do with mercantile
affairs, I am at a loss to conceive, and I draw some argu-
ment from the fact that this bill was referred to such
a committee, that it has not heretofore been the policy
of the legislature to grant charters to land companies,
for I find that there never has been a committee on i)ri-
vate lands in either branch of the legislature.

The bill provides for the incorporation of certain per-

752 Special Messages.

ciates.

Newton Asso- soHs iiamed therein, and their associates, for the purpose
of purchasing, holding and possessing in fee simple or
otherwise, selling, mortgaging, leasing and improving the
real estate in the city of Boston now held by James C.
Baylcy, Edwin W. Gay, and George A. Valentine as
trustees of the Newton Associates, said three trustees
being a portion of the incorporators named in the bill,
said land being described in said bill, " with all the
powers and privileges, and subject to all the duties, re-
strictions and liabilities set forth in all general laws which
now are, or may hereafter be in force, applicable to such
corporations."

Of course neither your honorable body, nor can I,
know what powers will be given to " such corporations "
by the legislature hereafter in their wisdom ; but, so far
as I am informed, there are no "general laws" which
give either powers or privileges, or make any restric-
tions upon " such corporations," for there are no " such
corporations" under the general law. On the contrary,
land companies are expressly excepted from the general
statutes allowing the organization of corporations ; so
that, 80 far as I can see, the powers of this corpora-
tion would be substantially undetined. And when the
legislative policy of the Commonwealth is so fjir changed
as to allow the incorporation of land companies under the
general laws, then these associates will have an opportu-
nity to organize.

I have heretofore given to the legislature my objections
to this, and any otfier class of corporations created solely
for the purpose of baying, selling, trading and mortgag-
ing lands. In addition to those ol)jections, to which I
respectfully beg leave to refer, my further objections are
so w^ell stated, clearly, distinctly and cogently set forth
in the report of the minority of the Committee on Mer-
cantile Affairs, which has been sent to me as a part of
the papers accompanying this bill for my guidance and
instruction, that I have chosen to adopt the language,
spirit and argument of that report, and make it my own,
in the hope that when it is read and considered by the
two bodies of the legislature, it will prevent the passage
of this bill, as I have no doubt it would have done in
the first instance, had it been printed and considered.

The minority of the committee say : —

Special Messages. 753

The bill reported by a portion of your committee, comes Newton asso-
before the legislature in consequence of a petition from a cer- '^'^'***
tain number of gentlemen who ask for an act of incorporation
for the purpose of purchasing real estate in the cities of Bos-
ton and Newton. A bill to this effect was presented to your
committee and has been withdrawn.

No person has appeared before your committee in support
of this bill reported, and no person has made, in the presence
of your committee, the claim that any necessity exists for the
passage of said act, or that any public benefit will accrue in
consequence of its passage.

The two parcels of real estate which are designated in the
reported bill, are now owned by the same gentlemen who ask
for an act of incorporation which, if granted, will give to them
rights and privileges which they could not enjo}' as individuals.

If the rights and privileges asked for by these petitioners
are proper ones to grant, if it is right to create a corporation
for the purpose of buj'ing and selling real estate, or for the
purpose of holding real estate as an investment of money, an
act should be incorporated in the general laws, which would
give to all men equal privileges under the law.

Under the general laws now applicable to corporations, it
is provided by Sect. 14 of Chap. 106 of the Public Statutes that
" for the purpose of carrying on an}' lawful business not men-
tioned in the preceding sections, except buying and selling real
estate^ banking and insurance, and anj- other business, the for-
mation of corporations for which is otherwise regulated by these
statutes three or more persons ma}' associate themselves with
a capital of not less than one thousand, nor more than one
million dollars," the preceding sections alluded to provide for
the organizing of corporations for all the various kinds of
business named therein; and Chap. 118 and Chap. 119 re-
spectively, in like manner, provide for the formation of cor-
porations for the transaction of the business of banking and
insurance. Thus it will be seen that the general laws provide
for the formation of corporations for the transaction of any
lawful business except for the purpose of buying and selling
real estate.

It is contrary to the spirit of our government to give privi-
leges to one class of persons which are forbidden to others. The
result sought to be obtained b}' these petitioners if it ought to
be granted, should be granted by a general law, and not hy a
special act granting exemption and immunity to these petitioners,
and not to the general public.

The right of holding real estate b}' corporations has been
carefully- guarded and limited by law.

Neither banks, insurance nor trust companies are permitted
to iuA-est their capital in real estate.

Savings banks are permitted to bold but one building, and

751 Special Messages.

Newton Asso- that to be iised for the transaction of their Imsiness, and all
'^"'''^*' real estate of which a savings bank ma}' become the owner

must be sold witliin five years of the date when the title be-
comes vested in the corporation, excepting only the building
occupied for its business.

The legislature of former 3'ears has followed closely in the
well-defined line of public polic}' which in this country and
Commonwealth has ever been that the aggregation of land is a
public evil.

It is desirable, morally, politicalh' and socially, that a large
proportion of the people should be land owners.

Upon the individual holding, depends the success and pros-
perity of our country.

The population of the world comes to this country in search
for homes ; for the opportunity to purchase land. The desire
to own land seems to be instinctive in ever}' man. They come
here from countries where it is difficult to purchase land.

The majority of the emigrants who come to our country, come
from what might well be called a nation of tenants. The}'
come here to become freeholders — to become freemen.

This State should do no act which will tend towards permit-
ting the holding of lands by corporations. It should rather do
all in its power to encourage individual holding, and discourage
anything tbat bears even the semblance of monopoly.

Every corporation to which is granted the rijzlit to hold land
is given a privilege which is an invasion of the public right.
Such a right should never be granted unless it is made manifest
that it is a matter of necessity to grant this right, or that it
is for public good and not for private gain.

Great power and privilege is given to railroad corporations,
to telegraph and other similar corporations, and to our great
manufacluring interests ; but all these corporations in return
are of benefit to the whole community — almost a necessity.
Their interests are provided for and the public right is guarded
by general law ; yet with all this care we are daily confronted
with the cry of monopoly.

A monopoly of land in the strong grasp of corporations would
be one of the greatest evils that could befall a nation. Now is
the time to firmly discountenance any such evil and to say to
the people of this State that we, as law makers, recognize their
rights, and will protect them from the power of monopoly.

It is the distinctive quality of a corporation that it never
dies. The vesting of the title to lauds in a corporation may
permit the holding in perpetuity.

The life of one man does not admit of great accumulation ;
and if the State does not create factitious personages, and vest
the title to lands in these creatures of the law, and if the gen-
eral law of distribution was inflexible, our laws upon this
subject would need no amendment.

Special Messages. 755

The vesting of lauds in any corporation is an obstacle to Newton asso-
their free sale and transfer, and ever}- such obstacle will here- '^"*'''**
after be accounted an evil.

This Commonwealth has ever been regarded as the place
above all others where public rights and public liberty have
been carofnll}- guarded ; where the rights of the people have
been considered supeiior to the rights of the monopolist.

We are now feeling the strength and power of great cor-
porations, and while we have given to some great privileges,
they have proved to be of benefit to the communit}' at large ;
but the passage of such a bill as the one reported cannot be a
benefit to the public. It will be an evil.

The common law gives to a wife the right of dower in the
lands of her deceased husband, and our statutes more particu-
larly define her rights.

The wife of any one of these petitioners, he being possessed
of lands in his individual capacity, is entitled to her dower in
such lands, but the formation of such a corporation as the one
now the subject of discussion will enable him or them to hold
and couve}- lands in defeat of the rights of the wife.

The property- described in the bill reported was valued by
the assessors of the city of Boston on the first day of May,
1882, at the gross amount of $38,500, and divided as follows :
The land and building on Columbia Street (see Sufiblk Deeds,
Lib. 1.500, Fol. 615) were valued at S19,500, and are appar-
ently unincumbered ; the land and building on AVashington
Street (see Suffolk Deeds, Lib. 1571, Fol. 381) was valued
b}' the assessors at $19,000, and is incumbered by a mort-
gage of the amount of $20,000, apparently leaving an equity
of S18,500 iu the whole propert}-. Such an amount of i)rop-
erty does not necessitate the creation of a corporation for its
management.

The holding of such an amount of property does not necessi-
tate the issue of stock to the amount of $40,000, and the right
to issue stock to the amount of $100,000 does not appear to
be proper on the small equity represented.

AH of the property described is now improved, covered with
substantial brick buildings, and occupied for mercantile pur-
poses and for dwellings ; and the title to all this property- is
now in these petitioners, who have presented no reason for any
change in the manner of holding.

Unless some strong necessity exists no act should be passed
which would give to anj' person or association iramunit}- and
privileges which cannot be enjo3-ed under general laws.

For the reason before given, and believing that the estab-
lishment of a corporation for the purpose of bu3-ing and selling
real estate is contrary to public policy, we recommend that tbe
petitioners have leave to withdraw.

(Signed) George L. Clakk.

Michael Sexton.

756

Special Messages.

Newton Asso-
ciates.

I desire to add to those views of the minority of the
committee which T have so adopted, only the observation
that with a few, as I deem unfortunate and unhappy ex-
ceptions, to the interests of the Commonwealth, as I have
before explained to the legislature, land companies have
only been incorporated as incidental to some o^reat public
improvement. As, for example, the Essex Company of
Lawrence, which was chartered for the purpose of im-
proving the navigation of the Mei rimack River ; The Pro-
prietors of the Locks and Canals at Lowell, which was
chartered for a like purpose, and the Holyoke and Tur-
ner's Falls Company at Holyoke, which was chartered
for a like purpose on the Connecticut River, and with
the power of holding lands and using the water-power
as simply incidental.

I desire to do all that I may to hinder and prevent
the establishment of land companies in this Common-
wealth, and believing most fully that there is no ex-
igency for this company for the reasons before stated, I
am constrained to interpose these my objections.

Invest! gatioi)
of Departments
and Bureaus.

[To the Senate and House of Representatives, June 4 ]

It having come to the knowledge of the Executive
that there are certain departments of the government of
the Commonwealth, and certain administrative bureaus,
■wherein malfeasance and misfeasance in office, and in
administration, do now exist, and have heretofoie existed,
that require to be investigated and the facts brought to
light for future guidance of legislation and administra-
tion, and that the officers therein may be dealt with as
justice and proper administration demand, I respectfully
ask that a joint committee of your honorable bodies be
raised in the ordinary manner, and empowered to sit
during the recess of the legislature, and investigate such
cases as may be brought before them, with power to send
for persons and papers, and employ a stenographer and
clerk.

I would not trouble the legislature in this regard,
except that I have had the honor to briug to the attention
of both branches heretofore, the fact that the Executive
Department is substantially powerless to make such inves-
tigation. There is no appropriation to pay the expenses,
and there is no power, in most instances, to carry them
on; and I have asked of the legislature that such power

Special Messages.

^57

might be given to the governor and council to make such „? ^epf^tmen s
investigations. But the legislature, in its wisdom, has and Bureaua.
declined so to do, perhaps not wishing to trust the admin-
istrative branch of the government with that power, fear-
ing that it might be wrongfully used. I now respectfully
ask them to trust themselves to do it, being willing to
go before any body of honorable and just-minded men
with the matters that I think ought to be looked into,
and to present to them such abuses as I thiidv should be
remedied, if on an investigation they are found to exist.

[To the House of Representatives, June 7.]

I believe it my duty to make a more formal communi-
cation to your honorable body than was informally made
by me to the Honoral>le Speaker of the House, about the
loss of the bill in regard to the Plymouth County House
of Correction. I find it necessary so to do, because I
now find that another bill is missing from my table.

The custom was, ^vhen I came into the Executive office,
to have the engrossed parchment rolls containing the
bills brought and laid upon my desk, without an}^ record
of their receipt, so far as I knew^ I requested that they
should be laid on the desk of my private secretary, so
that he might make a memorandum of their reception,
and he then lays them upon my table. After examina-
tion they are returned to him to be deposited in the office
of the Secretary of State if they are signed. If they are
allowed to pass into laws by absence of my signature they
are retained until the five days have elapsed. In case of
bills to which I make objection, they are left upon my
table to be returned with the message of objections to the
proper house.

In the case of the Plymouth bill, it was lying on my
table, and was examined by me, and the message pre-
pared ; and it was lying there while the message was
being copied.

On the next day, when the message was to be sent in,
it was looked for among the bills on my table, and could
not be found. Every inquiry w^as made for it, and it could
not then, and has not since been found.

AVhen the several appropriation bills came, among them
was a bill relating to the appropriation for the Tewksbury
almshouse. They laid on my table together until I signed
certain of them, and certain of them I gave to my private

House of Cor-
rection at Plym-
outh.

758

Special Messages.

House of Cor-
rection at Plym-
outh.

secretiiry, to be by him retained until the five claj's had
expired, then to be sent to the office of the Secretary of
State, as laws without my signature. I retained upon my
table the bill in regard to the Tewksbury almshouse until
I could prepare a message to the House, which I sent ia
to them, stating the fact that I had come to the conclu-
sion to allow it to become a law. When that message
was prepared and sent in, I looked for it among the
bills on my table, and could not find it. I then inquired
of my private secretary whether he had it, or had returned
it to the Secretary of State, and was informed by him
that he had not, and search was then made, and that bill
could uot be found.

It is difficult to see what object any one could have
in taking away that bill except pure mischief.

Meanwhile I have lost some small articles from the
drawers of my desk, which I either kept unlocked,
or locked and the key deposited for convenience in
another drawer. That has happened more than once.

I should feel myself responsible for these mischances
and losses were it not that there are several duplicate
keys to the Executive offices, by which they can be
entered at any time by others than my secretaries and
messengers, and I understand I have no control of any
of the offices in the building. I suppose those keys
are kept for the purposes of inspection of the Execu-
tive offices, watching against fire, and for the con-
venience of access of officers of the several departments
when anything may be needed in the Executive Depart-
ment.

I neither desire so to do, nor can I make any charges
against anybody, of wrong-d(jing, but simply ni:ikc this
statement of facts for the information of the House, that
they may take such action as they may be advised in
regard to remedying such losses of bills.

There is no safe, or other place of deposit in the Execu-
tive offices in which these bills could have been any
more protected than where they were.

[To the House of Representatives, June 11.]

Brockton Real I f^el obligcd to rcturu to your honorable body the bill
mentCom^a7''" to incorporate the "Brockton Real Estate Improvement
Company."

My objections to the bill becoming a law, so far as its

Special Messages. 759

scope and action are concerned, have been set ont already Brockton Reai

, , . , • 4.1 I -11 4. Estate Improve-

m my message to the legislature concernmg the bill to ment Company.
incoiporate the Newton Associates.

All tlie evils of a company empowered to hold and
sell lands, so far as the scope and action of that bill are
concerned, are intensified, in my judgment, in the provi-
sions of this bill, and I respectfully refer to those objec-
tions in writing sent to the legislature, as a part of my
objections to this bill, except certain ones that are partic-
ularly applicable to the condition of the real estate men-
tioned in that bill.

To lock up fifty acres of land in a landed company in
perpetuity, and alter the laws concerning succession in
lands, the rights of inheritance and of dower, I hardly
need reiterate, is against the pul)lic policy of the Common-
wealth. And the fact that those objections were held ten-
able and valid by the requisite vote of the Honoral)le
Senate, emboldens me to present them to the legislature
once more through the House, in which this bill orij^i-
nated.

As an additional objection I take leave to refer the
legislature to a matter which seems to me of very con-
siderable importance. Chapter 2, sections 7, 8, 9, 10,
11, 12, 13 and 14, inclusive, of the Public Statutes, con-
tains certain provisions of law Avhith are designed, if
the}' are followed, to shorten the sessions of the legisla-
ture, which I cannot doubt both houses will agree with
me, would be highly desirable, if it can be eifected.
Those sections provide that whoever intends to apply for
an act of incorporation shall give certain notices to the
public of that intention, at a suitalile time therein stated,
before the meeting of the legislature, in the manner and
at the times therein stated. It is fui ther therein provided
that petitions for such bills shall be presented to the
legisalture within the first ten days of the session there-
afterwards. It is further provided that in case of exi-
gency, when all parties interested in the subject matter of
the petition have waived notice, no other or further proof
of notice shall be required. And when it appears that
by unavoidable accident, and without default, or that the
suljjcct matter of the petition did not admit of such pre-
vious notice, that the notice shall be sufficient if given
for the required period of time, as soon as the petitioner
has discovered his omission, or within a reasonable time

760

Special Messages.

Brockton Real
Estate Improve-
muiit Comp:iny.

after the subject matter of the petition has arisen, or
become known, provided that such petition is presented
within thirty days after the assembling of the General
Court.

This is the law, and is binding as well on the houses
of the legislature as it is on the Executive, and every
other citizen of the Commonwealth, until it is repealed,
and nobody can waive its provisions.

I find by looking at the papers containing the action
of the two houses upon this bill, sent to me with it for
my information, that no notice whatever had been given ;
that there has been no w^aiver of such notice, nor is there
any evidence accompanying the bill that any such exi-
gency has arisen as might in any way dispense with that
notice.

Perhaps I might be called upon to presume that all
that had been made known to the two houses of the
legislature in due form, but that they have fiiiled to report
it to me by accident. And if I were satisfied that such
were the case I possibly ought not to make objection to
the bill on that account.

But I must not forget that the Executive in this regard
is a third branch of the legislature, and the evidence of
the proper inception of the bill should be brought to me
as well as to the two other branches. But, if that were
all done, I cannot but observe that the petition, which
is among the papers sent to me, shows otficially that it
was not presented until the fourteenth day of February,
which was more than thirty days after the assembling of
the General Court. And this plain provision of law
cannot be disregarded. It was made for the wise pur-
pose which 1 have at first indicated, and is to be enforced
by the Executive in whatever sphere of his action.

I must therefore ask the reconsideration of this bill, in
the light of my objections in writing hereinbefore men-
tioned.

House of Cor-
rection at Plym
outh.

[To the House of Representatives, June 11.]

I send herewith the enrolled bill relating to the Plym-
outh House of Correction, which Mas not in my oflSce at
the time I sent in the message.

I have placed in the hands of the Secretary of State the
bill making appropriation for the support of the Tewks-
bury Almshouse. Both of these bills came to me from
outside of the State House, being found in the city.

"Water.

Special Messages. 7G1

I do not, at the present time, feel at liberty to give any House of cor-
further information as to when, how, and where fonnd, otah?" ^^ ^"^
becanse I am causing an inquiry to be made, in an endea-
vor to trace the loss, or taking, as any disclosures might
interfere with the progress of that inquiry.

I feel certain, so far as I have gone, that they were in
some way taken from the Executive office, but by whom,
how, and when, I cannot possibly tell. The latter bill I
find upon reliable evidence was outside of the State House
on June first. How much earlier than that, I do not
know.

[To the House of Representatives, June 12.]

I have given to the bill, entitled " An Act to authorize bhi authorizing

• . ® ^ ,. , I T certain Corpora-

cities, towns, nre districts, water, and aqueduct compa- ^natoseii

nies, to hold water for sale, and to sell the same to other

cities, towns, fire districts, and individuals," that careful

consideration which the importance of the subject matter

seems to demand.

As its title implies, it authorizes several public corpora-
tions to sell water to several other public corporations and
individuals.

This bill, if it became a law, would authorize any corpo-
ration named, which is now or may hereafter be authorized
to take and hold water for the purpose of supplying the
inhabitants of a particular city, town or fire district with
water for specific purposes, in addition to supplying the
inhabitants of such city, town or fire district, also to hold
for sale the water which they have been authorized to
take, and may sell the same for the extinguishment of
fires and for domestic and otlier purposes to any city, town,
fire district, or corporation, or to any individual residing
in a city, town, or fire district not having a water supply
of its own.

The bill then provides that if any such corporation
wishing to sell its water, and any city, town, fire district,
or individual wishing to purchase such water, cannot agree
upon the price with the purchaser, that the price may be
fixed by commissioners appointed by the Superior Court.

It then enacts that any one of those corporations selling
water under its provisions, shall pay all damages sustained
by any person in his property by the taking of any addi-
tional land, right of way, water source, water right or
easement, or by any other thing done under the provisions

7(32 Special Messages.

Bill m.thorizing of this Act, jiiid theii provicles the same remedy for the

ci'i I iiin Corpora- .. -, . * -iTii i-aI^i- i-

tionstoseii pai'tj injiHCU US IS HOW provided by law for the takinir ot

Water. land for highways, provided that an application shall he

made within three 3'ears ; but no such application shall be

made until the water is actually withdrawn or diverted

under the authority of this Act.

It further provides that any such corporation shall
within sixty days after the taking of any additional hinds,
rights of way, Avater rights, water sources or easements
otherwise than by purchase, file and cause to be recorded
in the Registry of Deeds for the county within which such
lands or property is situated, a description thereof suffi-
cientlj'- accurate for identification, with a statement of the
purpose for which the same were taken, signed by the
chairman of the board or committee having charge of its
water works.

Before proceeding to any discussion of the very pecu-
liar provisions of the bill, it is convenient to look carefully
at the general subject matter upon which it may act, and
see how far its action can be justified within the limits of
the Constitution or public policy.

Yery many acts within the last fcAV years have been
passed for the purpose of supplying inhabitants of cities,
towns and villages with water for domestic purposes, and
the extinguishment of fires. These are " the specific pur-
poses " mentioned in these acts, and it is one of the serious
questions in the immediate future, Avhere the inhabitants
of this Commonwealth are to obtain a supply of pure Avater
uncontaminated with sewerage or other deleterious mat-
ters, for their domestic uses. This is a question in which
the whole public are concerned, and to meet this AA^ant the
exercise of the right of eminent domain by the legislature,
has been freely, and rightly, used. There is a natural
right in all men to drink and use for domestic purposes,
and for their cattle to drink all the Avater of natural
streams and ponds which they need. And this right has
been decided to appertain to the individual citizen as
against all provisions of the legislature for the use of
Avater for any other purpose, in several A'ery much contro-
verted cases in the highest courts of the State of Pennsyl-
vania, those courts folloAving the decisions of the English
courts. This natural right has been strongly stated by
(yhief Justice ShaAV in a case arising in our OAvn courts.
The legislature has interposed its laAv-making power to

Special Messages.

763

iDreserve this natural nirht, by passmor laws to prevent the bi" authorizing

11 • ,■ , . 1 ,1 • i /'.I' certain corpora-

poiuition or streams, so as to render their water unnt tor toons to scii
such domestic uses. There are other quasi public uses of
water which have always been held subordinate to this
great natural right ; that is to say, its use for navigation
and for mill purposes.

Since 1845, when the first act was passed to supply the
city of Boston with pure water from Lake Cochituate,
lying twenty miles ofi", the right to take such water has
always been held constitutional as a taking for a public use,
although the public might be miles distant from the supply ;
and so far as I am advised, in no instance has the legisla-
ture permitted water thus taken by that right, for a public
use, to be used for any other than domestic and fire-extin-
guishing purposes, and never for any other use or purpose,
unless the conversion of it into steam for steam-power
may be so termed. The use of it for dyeing purposes
cannot be said to be in fact other than a domestic use, for
as each family would have a right to dip the water from a
neighboring stream to dye their goods, the use of water in
a dyeing establishment would be only an aggregation of
that use. The legislature has never permitted water to be
taken under 'the right of eminent domain to be used as a
mechanical power, and in some cases, to prevent all mis-
take, have actually prohibited it. As an example, the act
authorizing the city of Lowell to take water from the Mer-
rimack River for the use of its inhabitants, expressly pro-
hibits its selling it for mechanical power, which prohibition,
it may be said in passing, would he repealed by this bill if
it became a law.

I do not think it is within the power of the legislature
to authorize, under the right of eminent domain, the
taking of water to bo used for the purposes of mechanical
power, by any corporation, municipal or other, and, as I
believe, the legislature has never so done ; most certainly
never has it authorized any individual so to do. Can the
legislature authorize a town to take water for a public use,
and then authorize it to sell it to any individual for any and
all private uses, as does this bill? That is to say, I have
a head of water raised by a dam on a stream which is used
for manufacturing purposes in running a mill. Can the
legislature authorize the town to take that water from me
and sell it to my rival in manufacturing, in a neighboring
town, to be used in runinng his mill? Yet this is what

76J. Special Messages.

Bill authorizing tliis bill provicles may be done. It is no answer to this
tufns to seir'^''' proposition that the bill authorizes the town to pay me the
Water. damages which I may suffer by the loss of my water, be-

cau!?e while I hold my property subject to be taken for a
public use upon the payment of damages, I do not hold
mj'' property subject to be taken for a private use on pa}'-
ment of damages however great. It is mine, and I cannot
bo compelled to sell it to my rival. That there may be
no mistake, if the hill allowed the sale of water only for
l^ublic uses — domestic, or for the extinguishment of tires —
this objection would not apply. But the bill expressly au-
thorizes the sale of any water heretofore taken, or hereto-
fore authorized to be taken, or hereafter taken, or hereafter
authorized to be taken, and all that may be taken by this
bill, to be sold to any city, town, fire district or corpora-
tion, or any individual for domestic or other purposes.
That is to say, water heretofore taken for a public use,
and upon no other ground whatever, and paid for as for a
public use, and damages paid only for that use, may by
this bill be used for the purposes of speculation and pri-
vate gain. And this bill authorizes the taking of any
lands, rights of way, water, water rights, water source or
easement, or any other thing to enable the corporation so
taking to get the water to sell.

Were the general scope of the bill unobjectionable, I
pray leave to submit to the legislature whether the bill
Itself has been sufficiently guarded in its provisions for
effecting its object.

The second section is certainly peculiar ; that if an}' city
or other corporation having water to sell, and any city,
town, fire district or individual wishes to purchase such
water, and cannot agree upon the price, then the price and
terms shall be determined by three commissioners to be
appointed upon the application of either party to the Supe-
rior Court. So that for water which it wants to sell a city
may have its price fixed for it against its will. Heretofore
in this Commonwealth when one has had anything to sell,
and another wished to buy it, the legislature has left them
lo fix the price between themselves, or not conclude the
bargain. This is the first time which has come under my
notice when a legislature has attempted to interfere with
the bargains between citizens for the sale of their own
property for a private use, and I do not think it is an ex-
periment which ought to be encouraged. But if it should

Water.

Special Messages. 7G5

be, why does this l)ill omit to o^ive the same ri^ht to a bsii authorizing

, . • . . ,^ • ,1 • J 1 c certain corpora-

corpoiatioii purchasing water to have the price thereot uoustoseii
fixed by commissioners, that it gives to individuals?
Why this discrimination, after having provided that a cor-
poration may buy ?

Section three is still more peculiar. It provides that
when damages are sustained by any person in his property
by the taking of any additional land, right of way, water,
water source or easement, or by any other thing done by
any such corporation, under the authority of this act, such
damages shall be paid ; and that an application may be
made for a jury to assest? such damages, provided it is
made within three 3'ears ; but that no application for the
assessment of such damages shall be made for the taking
of any water or water rights, or injury done thereto, until
the water is actually withdrawn or diverted. AVhen shall
the application be made if lands and rights of way only
are taken? Again, how is the injured party to know when
the water is " actually withdrawn," that is, sold? How
can the partj^ distinguish that from the water that is used
for other purposes? It is true that section four provides
that in sixty days after the taking of any such lands, rights
of way, water rights or water sources, a description of them
shall be filed in the Registry of Deeds, with a statement of
the purpose for which the same is taken. But how does
any such description show when the water is diverted?
In the ordinary case where new water works are being
put in, anybody can find out when the water is suffered to
run, or is being pumped. But suppose this case : A cor-
poration has a pipe drawing water from any mill-pond for
domestic purposes, say a million gallons per day, for which
only they have paid me. They deem it for their interests
to sell a quarter of a million gallons more per day, and
hoist their outlet gate a few inches and draw it ; how am
I to know when that is done? And under the limitation
the time in which I may apply for damages runs against
me, and in the end cuts me off from my remedy. What
is to be done in that case?

I take leave to ask the attention of the legislature to
these objections to the bill, and that they will reconsider
it; and if the conclusion is arrived at that the purposes of
the bill are within their constitutional power, and it is
desirable that such a bill should l)e enacted, that the rights
of property-holders may be guarded by other and different
provisions in a new bill.

766 Special Messages.

[To the Senate, June 28.]

Claim of Walter There has beeii sent up for my consideration a resolve
*"^' authorizing the payment of the sum of $79,495.62 to

Walter Shanly, from the treasury, "in full for actual
losses and of all legal and equitahle claims against the
Commonwealth, incurred in the construction of the Hoosac
Tunnel, jf; rove (Zerf he will execute and deliver to the treas-
urer of the Commonwealth, upon payment of the said
sum, a release under seal for all claims and demands
whatsoever of said Waller Shanly and Francis Shanly,
both and either of them, agai ist the Commonwealth."

It ^eems that Francis Shanly and Walter Shanly, as
co-partnei'S, were contractors with the Commonwealth
for doing certain contract work upon the Hoosac Tunnel ;
that they received the full contract price for all work
done by them under their contract, being paid in settle-
ment of a balance found due on said contiact, after
making deductions for payments made and for railroad
track not laid, etc., and also the sum of $27,115.47 for
extra work performed by them in connection with the
contract.

For this mone}'^ the contractors " acknowledged to
have received payment from the Commonwealth for bal-
ance due on the contract, after making certain deductions
on account of railroad track not laid, it being in full
settlement for all claims against the Commonwealth,
except certain equitable claims, for which they proposed
to ask relief from the legislature."

This money was paid on a warrant dated December 23,
1874.

Thereafterwards, on the eleventh of January, 1875,
the Messrs. Shanly presented their petition to the legis-
ature, in which they emljodied all the equitable claims
which they claimed to have against the State ; that after
a full hearing in which the Commonwealth was repre-
sented by the attorney-general and the Messrs. Shanly
by eminent counsel, a resolve in their favor was reported
to the House, "which passed aftei* very considerable oppo-
sition— for the payment of the sum of $131,000.00 ; and
on the 26th day of May, 1875, application having been
made to the Executive for payment, a warrant was drawn
in their favor which ordered the treasurer to pay unto
Walter and Francis Shanly, the sum of $131,000.00,
" said sum being in full settlement for all claims asraiust

Special Messages. 767

the Common wealth on account of the construction of the 5'^'"? "^ Waiter

onaiuy.

Hoosac Tunnel ; " and this money was paid over and
receipted for hj Walter Shanly, for himself and as attor-
ney for his brother Francis, on the back of the warrant.

It will be observed that the sums found due and paid
under the contract and for extra work were each the
result of calculation, because they are drawn out even to
the cents, but the additional amount afterwards appro-
priated by the legislature was a round sum, showing
that, as "equitable claims" only had been presented to
the legislature, it gave them a lump sum which was
receipted for by them in full settlement for all claims.

I have no knowledge, nor have I sought to inform my-
self of the equitable considerations which gave rise to some
claim by the Messrs. Shanly against the Commonwealth,
because it seemed to me that the several proceedings
and the payment and receipts for money in pursuance of
them, were, or ought to be, forever a bar to any claim
whatever.

I have looked into the report of your committee to
see what effect they had given the former acts of the
Executive and legislature, and to the receipt of money
under them by the Messrs. Shanly, and I found it stated
in these words : "The receipt was not given under seal."

"It is a well-settled proposition of law that the pay-
ment of a less sum than is actually due will not dis-
charge the whole claim, even if a receipt be given for the
entire sum. Receipts may be explained by oral testi-
mony."

All of which is true in regard to an ascertained sum,
the result of a legal claim, and a receipt in full is given for
a less amount actually received. But what is the law if
there is no legal claim at all?

If A owes B one thousand dollars for goods sold and
delivered at a contract price, and B receives from A five
hundred dollars only, it will not, as it ought not, bar B
from suin<; for and recoveriuir the remaining five hun-
dred dollars, although A's receipt should be written in
full.

But the rule is entirely different, as I understand it, as
it ought to be, in the case of a mere equitable claim send-
ing in damages or for loss sustained, as was the case of
the gentlemen Shanly, for which there is no legal demand,
but only an equitable claim.

768 Special Messages.

Claim of Walter Tlieii the offei" of a lump sum in full by the one party
shauiy. ^^^^ received by the other, will be in full whether any

receipt is given or not.

This has been adjudged by the Supreme Court of the
United States in a series of cases for claims made
against the government, arising out of the war, known as
the "St. Louis cases " and the " Iron-clad cases ; " that
is to say, if, for a claim againgt it, the government offers
to pay a certain snm, the party has his option to receive
it or not. If he does receive it he must receive it in full
as it is oflered, and be bound by it, or not receive it at
all.

At first blush it would seem that the legislature must
have found an exact sum actually due Mr. Slianly by
calculation, for the resolve appropriates $79,495.62 ; but,
turning again to the report of the committee and the
resolve as reported to the Senate, I find that the original
report was $129,495.62 instead of $79,495.62, and that
$50,000.00 was struck off by amendment, although when
or how the resolve was so amended does not distinctly
a^Dpear.

If I should sign this resolve, and Mr. Shanly should
take the money, 1 see nothing to prevent him from com-
ing again to the legislature for that $50,000 some seven
years afterwards, as he has now done, because, although
the proviso is that he shall give a release, under seal, both
for himself and his brother, who is now dead, I am at a
loss to see what possible legal eficct such release would
have.

Confessedly he has no legal. claim upon the Common-
wealth, and therefore there is no need of a technical release
mider seal, even if the release can be so made as to
bind his dead brother's estate and his creditors, and I
doubt whether any member of the bar could be found
who would give an opinion that the release required by
the proviso has any legal or equitable effect upon ^Ir.
Shanly 's claim. Certainl}^ not as much as did the act of
the gentlemen Shanly receiving their money under an
agreement that it would be in full in May, 1^75.

Consistently with a conscientious discharge of ni}' duty
as the constitutional guardian of the public treasury, I
cannot permit so large a sum to be drawn therefrom,
to be replaced by taxation, where I am thoroughly con-

Special Messages. 7G9

vinced there is neither leg;al nor equitable claim against
the Commonwealth therefor.

I must, therefore, ask the two Houses, in the light of
my objections, to reconsider this resolve.

[To the House of Representatives, June 28.]

T have before me a bill to apportion and assess a State state Tax.
tax of two million dollars.

The bill contains nothing more than its title indicates.
Therefore, the simple question arises, whether it is either
economical or necessary to assess the people of the Com-
monwealth to that amount to be paid by them into the
State treasury during the present year.

I agree fully to the maxim, " pay as you go," but I do
not believe that it is wise to assess money in advance of
the time when it is to be paid out, to remain on deposit
in the several bauks of the Commonwealth at three per
cent, interest, while the citizens who pay it in their taxes,
many of them must borrow the money at five per cent,
substantially, as a minimum, or take it from their business
at a still greater cost.

I find that on January 1, 1879, there w^as a "revenue
cash" balance in the treasury of $1,294,517.79, and that
the State tax for that year was $500,000 ; that there was a
" revenue cash" balance in the treasury January 1, 1880,
of $1,083,67(5.06, and that the State tax for that year was
$1,500,000 ; that there w^as a " revenue cash" balance in
the treasury January 1, 1881, of $2,294,055.99, and that
the State tax for that year was $1,500,000; that the
" revenue cash" balance in the treasury January 1, 1882,
was $1,351,639.39, and that the State tax for that year
"w^as $2,000,000 ; and that the " revenue cash" balance in
the treasury January 1, 1883, was $1,793,933.82, and the
present bill calls for a State tax of $2,000,000. Besides
this, by the report of the Finance Committee to the House
of 1882, accompanying bill for an assessment of the State
tax of $2,000,000 of that year, the whole expenditures
then to be provided for, were stated at $5,284,685.28,
and the estimated revenue from other sources than direct
taxation, with the cash in the treasury at the beginning of
the year, is stated at $3,965,334.39, leaving a deficit to be
provided for by a State tax of $1,319,350.89.

By the report of the Finance Committee to the House
this year, accompanying this bill for an assessment of a

770 Special Messages.

state Tax. State ttix of $2,000,000, the whole expenditures to be pro-

vided for this year are stated at $5,154,753.18, and the
estimated revenue from other sources than direct taxation,
with the cash in the treasury on the tirst of the year, is
stated at $4,494,362.82, leaving a deticit to be provided
for this year of only $660,390.36 ; a ditference of $658,-
960.53 in favor of this year; and yet this bill, under this
estimate of reduced expenditures and increased revenue,
proposes to raise the same tax as last year, thus imposing
an unnecessary and unreasonable present burden upou the
l)eople.

So far as I can learn from the estimates and appropria-
tions, a tax of $2,000,000 for the year 1883 will leave a
" revenue cash" balance in the treasury January 1, 1884,
relatively larger than the balance in the treasury at the
beginning of the present year, assuming that the tax will
be, as it has been heretofore, substantially collected by
the first of January, 1884.

Now, I can see no necessity for having so large a bal-
ance of cash on hand on the first of next January as more
than one and a half million dollars.

The only reason for it that has been suggested to rae,
is that it may be needed to pa}' the necessary expenditures
before the taxes for 1884 can be collected. Admitting a
need for so much cash there will be, besides the "rev-
enue cash " in the treasury, a large amount due trust funds
waiting to be invested. They cannot now be invested at
a rate much, if any, exceeding three per cent. Now, I
suppose it is well known that several cities and towns bor-
row money to pay that State tax in anticipation of their
revenues, and sometimes they borrow it from the State.
That is to say, the State loans them money at short dates
on which they pay a considerably larger rate of interest
than three per cent. If they borrowed at the same rate
that the State receives for its money deposited in the
banks, the results would be exactly equal ; but as they do
not, the higher rate of their loans puts the burden upon
the cities and towns.

I agree that it is not desirable, as a rule, that the State
should boriow trust funds to be used in paying current ex-
penses, certainly not on long time loans. But as the
money is paid in for interest, and otherwise, to the State,
and the State has to deposit it until proper investment can
be found, getting, as we have seen, a low rate of interest

Special Messages. 771

on the deposit, such funds are practically loaned to the state Tax.
State, and by the State temporarily loaned to the banks
in which such moneys are deposited ; and the moneys so
deposited are much in excess of any amount needed by
the State to tide over the interval before the State taxes
for the succeeding year are collected.

In reading the papers sent me, with the bill containing
estimates of expenditures for the year, I notice several ,
items included therein for which this large tax is supposed
to make provision, which I hope and believe will not be
called for within the present year. Among them is an
item for the payment for the Way estate. It is by no
means certain that the $130,000 w^hich will finally be used
to pay for the Way estate will be needed, as it is hardly
probable that the title to that estate can be settled and the
various conflicting interests therein be adjusted within the
next six months.

Then I observe that the sum of $10,000 is appropriated
to pay the bounty on beet and sorghum sugar. That bill
was passed so late that I doubt whether any considerable
quantity of thit bounty will be needed.

I also observe an item of $10,000 is estimated for the
rent and taxes of the Pemberton Square offices. It is
quite certain that no more than one- half of that amount will
be needed.

Then there is an amount of $79,000 which it is claimed
it will be necessary to make provision for out of this sur-
plus of revenue, for the payment of what is known as the
Shanly claim. I believe it is by no means certain that
that amount will be needed to be expended during the
present year.

I also hope that there wall be some redaction of ex-
penditures growing out of economic administration during
the present year which will accomplish a considerable
reduction of the expenditures otherwise necessary to be
provided for. This would be especially true in the State
Prison, the Reformatory Prison for Women, and the Mili-
tary Department, which department, and the State insti-
tutions, are in a condition now to be carried on by rea-
sonable economy. So that I think it would be safe to
calculate that a quarter of a million dollars of the two
million the bill provides for, will not be needed, leaving
but a small amount comparatively to be provided for by
the ways and means I have indicated.

772

Special Messages.

State Tax.

All experience has shown that large cash balances in
the treasury of a State or nation tend to extravagance
and lavish expenditure, and the legislature are under
great temptation to make improvident appropriations. My
best opinion is that a State tax of one million would be
sufficient to meet the needs of the Commonwealth ; but to
provide for all possible contingencies, I feel quite certain
that a State tax of $1,500, 000" will be ample.

I am the more constrained to this belief because under
the reform administration of 1879, the State tax for that
year was only $500,000, while the ordinary expenses did
not vary greatly — certainly not in any such proportion as
five bears to fifteen — from the expenditure of the present
year. And I am not allowed to suppose that for any
political })urpose the tax of that year was so far reduced
as not properly and fairly to meet those expenditures.

With these views, I must ask the House, where, as the
Constitution says, "all money bills shall originate," to
reconsider this bill in the light of my objections ; and I
also invoke the economy and conservatism of the Senate to
action in the same direction. Let all departments of the
government unite, at least, in trying to lighten the bur-
dens of the State in taxation, a half million dollars,
especially as it seems quite probable that at least one im-
portant branch of our manufiicturing industries, the wool-
len business, will not be profitable the remainder of the
present year.

[To the Senate and House of Representatives, July 2.]

Proposed Ad- I huvc the houor to receive a communication from your

jouniraenlof , iiit^i i •• • ii

the Lesfisiature lionoraole bodics through your joint committee, based
toTu'gl'27, 1883. upon tlic following concurrent order of the two Houses : —

"COMMONWEALTH OF MASSACHUSETTS.

"House of Representatives,

"June 22, 1883.

*' Ordered, That a committee of eight on the part of the
House, with such as the Senate may join, be appointed to
wait upon His Excellency the Governor, and request him,
with the advice and consent of the council, to adjourn the
legislature from Tuesday, June 2Gth inst., to Monday,
August 27th, 1883, at 2 o'clock in the afternoon, to the end
that the legislature may at that time receive and act upon

Special Messages. 773

the report of the Joint Committee on Public Charitable Proposed Ad-

T • • ' ^ 11 11 TT- T-i 1 jouriiment of

Institutions in regard to the charges made by Jrlis li,xcel- the Lcnisiimne
lency relating to the management of the State almshouse to°Aug. 2t,"i883.
ut Tevvksbury.

" S. N. GiFFORD, Clerk."

In compliance therewith, the request set forth in the
order was, in due form, made to the Executive.

A request presented in so grave and formal a manner,
and being, so far as I am advised, without precedent, and
because of the profound respect due any request of both
Houses of the legislature, seemed to demand more careful
consideration than it could receive if a reply was at once
to be made. I therefore craved the indulgence of your
committee to rep rt to the two Houses that I would make
answer at the earliest possible moment in writing.

The order does not set forth any case of disagreement
between the two Houses with regard either to the necessity
or expediency or time of adjournment. Therefore the
case does not come within the sixth article, section second,
of the Constitution.

The Governor, if he shall act at all, must act under the
fifth article of said section, which provides that " he shall
have power and authority, during the session of the Gen-
eral Court, to adjourn or prorogue the same to any time
the two Houses shall desire" . . . " if the welflire
of the Commonwealth shall require the same."

The provisions of the Constitution, therefore, place
upon the Executive, and not upon the two Houses, the
burden of determining when the " we 1 fore of the Com-
monwealth requires an adjournment or prorogation to a
given time."

I see that the two Houses agree that diiferent conse-
quences might follow from prorogation by the Governor
than from an adjournment at their desire, because, upou
examining the proceedings of the two Houses, I find by
amendment the word "prorogue" was stricken out and
the word "adjourn" substituted. J^x indui^tria. This
saves me from any consideration or discussion of the dif-
ferent consequences that would flow from an adjournment
of the two H(;uses b}'^ the Executive rather than from their
prorogation. The sole question then left for me to deter-
mine is : Does the welfare of the Commonwealth require
the adjournment asked ?

774 Special Messages.

Proposed Ad- I tiike cfirG to Call attention in passin£y, that the Kxecu-

the Legislature tivG coulcl not literally comply Avith the request in the
to"Au'g"."27,'i883. oi'dcr of the two bi-anches in this : that you request the
Governor to order an adjournment from June 26 to August
27, when in fact, no order was presented nor request made
for such adjournment until June 29, the legislature being
then in session.

It is evident from the provisions of the Constitution
that its framers understood that this power would be exer-
cised by the Executive only in great public exigencies.

Whenever the Constitution authorizes a call by one of
the great departments of the government upon another for
guidance, advice or action, it pre-supposes the exercise of
such right to be " upon matters and upon solemn occa-
sions," as for example : When either branch of the legis-
lature or the Executive is authorized by the Constitution
to require opinions of the justices of the supreme judicial
court, it must be upon "important questions of law and
upon solemn occasions," the latter, of course, when the
advice of the judiciary might be needful to the two
branches when the Commonwealth was in deadly peril.

It certainly never was intended that that power should
be used by either branch of the government to call upon
the judiciary for advice in trivial matters. In other
words, one department of the government should not call
upon the other as to matters of inconvenience merely, but
only in a case of great exigency. I think both Houses
will agree with me that this is the true exposition of the
Constitution in this regard. Is there now any such exig-
ency of "welfare of the Commonwealth" that requires
me to put the Commonwealth to the expense of an extra
session of the legislature? Because, however limited the
subjects to be acted upon, which might induce the two
Houses to desire, and the Executive to order, an adjourned
session, it in fact will be, although not technicallj^ an extra
session of the legislature ; as it would be if the new ses-
sion came from prorogation to a time certain. It cannot
be d()ul)ted that the legislature once together in due man-
ner and form, all subjects of legislation are open to them,
and they may continue that session until they die by con-
stitutional limitation.

I look, then, to the order to see what public exigency
was in the mind of the legislature that both Houses make
such a request, and I find it in these words: " To the

Special Messages. 775

end that the Icsjislature may at that time receive and act Proposed Ad-

.1 'r c i 1 • • i iA Ti I 1 • /-ii -1 iouriiment of

upon the report ot the joint committee on 1 iildic Lharita- me Legieiature
l)le Institntions in regard to the charges made by His Excel- [oTug"27,'i883.
lency lehiting to the management of the State ahnshouse
at Tewksbury."

1 was a little astonished when I heard the reasons for
adjournment announced by the chairman, that so grave a
request should be made upon what seemed to me so trivial
grounds. 1 said to him : " May I be permitted to enquire
whether there is any other business that will require the
attention of the legislature except this?" To which he
courteously answered, " I believe, your Excellency, that
all matters have been disposed of by the two branches."

There is a very grave mistake of fact contained in the
order, to which, in the tirst place, I desire to call your
attention. The order says: "To receive and act upon
the report of the joint committee on Public Charitable In-
stitutions, in regard to the charges made by His Excel-
lency relating to the management of the State almshouse
at TcAvksbury." I beg leave to bring to your notice that
His Excellency has made no charges. The legislature au-
thorized its joint committee to make a certain investiga-
tion ; that committee invited the Governor to come before
them and produce any evidence that might have come to
his knowledge. In compliance with that invitation, the
Governor appeared before your committee, when a motion
w^as made by the counsel appearing to oppose the investi-
gation, that the Governor should put specitied charges in
writing before the committee against the management and
personnel of the Tewksbury almshouse, which the Gover-
nor declined to do on the ground that it was not a part of
his duty so to do.

In that position he was sustained by vote of the commit-
tee, and the investigation went on, the Governor produc-
ing evidence, so far as it came to him, in the tirst instance
to establish the propositions of his message, and then such
other evidence as was furnished to him. In the meantime
it came to the knowledge of the Governor that the super-
intendent of the Tewksbury almshouse was not a legally
qualified officer of the Commonwealth, and that its money
was being disbursed not in accordance with the law.
Finding that the trustees of the Tewksbviry almshouse had
been derelict in their duties, the Governor, under the pro-
visions of statute, devolved their duties upon the State
Board of Health, Lunacy and Charity.

776 Special Messages.

Proposed Ad- After a struifgle by that board to find justification for

the Legislature Gvadiiig their dutles under that order, which was futile in
to°Aug"2T,i883. its rcsuIts, the Board took upon themselves the charge of
the ahnshonse, proceeded to reorganize it either by re-
moval or the acceptance of the resignations of the superin-
tendent, resident physician, and assistant superintendent,
all of whom had been in charge of the administration of
the almshouse for many years.

Meanwhile the appropriation for the support of the
almshouse for the coming yenr had been made, and as new
executive officers have been appointed by the State Board
of Ilenlth, Lunacy and Charity, it may well be presumed
that all the existing abuses would be remedied, and I have
no knowledge that that is not in process of being dcme.

Why, then, for all practical purposes, has not the inves-
tigation of the committee fulfilled its object? But the
committee chose to sro on, and the investigation still con-
tinues. This change of officers, and the several changes
of methods which have been set on foot by the State
Board, as announced, either officially or unofiicially,
through publications by their members, is a confession of
judgment that the faults of management and wrongs done
l)y those who had the institution in charge, required the
change .

Now assume that the report of the committee be one
thing or another, what needed thing can be done by the
legislature ? They cannot remove, by legislation, the sup-
posed delinquents, for that is done already. They cannot
change what has been done ; those are accomplished facts.

If the leo;islature should meet on the 27th of August,
and hear the report, what would be gained, all the evi-
dence having already been reported in print? There will
then be but four months and a few days at the farthest,
before another legislature will come in, and have the
whole matter before them, together with all the evidence.

I o1)serve that there is an order introduced into the
Senate, that your committee of investigation should sit
during the recess of the legislature, and report in print.
In my judgment, such action would be wise. A\'hy should
not the legislature, after passing that order, be adjourned,
go home and read the report of the committee, in print,
M'hich they desire to come together as a legislature to
hear ?

I suppose nobody will assume that the Board of Health,

Special Messages. 777

Lunacy and Charity will not do their duty efficiently, and Proposed Ad-
I commend the promptness of their action after they came the Legisiatme
to the conclusion to assume the responsibility of acting at to°Aug"27, isss.
all.

The legislature have already been in session, from time
to time, quite six months. If I may allude to Avhat is a
matter of public history, it will appear upon their jour-
nals that a portion of the legislature do not think that
the salary fixed by law for their services is sufficient.

"Why, without an overwhelming necessity, do they sub-
ject themselves to further labor without pay?

It is obvious that if the Governor believed there was no
necessity for a further session of the legislature that he
would not be too much inclined, so far as it lay in his
power to prevent, to permit the State to be put to any
additional expense for the travel and pay of the members
of the legislature to do that which in his judgment there
is no need to be done.

It is not the fault of the Executive that this investiga-
tion is not finished.

If the actual intention of the order of investigation was
to inquire into what was said in the inaugural address,
why delay until nearly three months after the session of
the legislature, within which time, in my judgment, the
legislature did have ample time to do all needed public
business, if they had used all the working days of that
time, so as to have been able to adjourn on the first day
of April.

The two Houses will see, therefore, that in my view,
there is no exigency of the " public Avelfare " that requires
me to adjourn the two Houses to the day named.

I should be very glad to prorogue them on any day they
choose, until the first Tuesday in January.

All the bills and resolves, except two, that the legisla-
ture have passed have either become laws by limitation of
time or have received my signature, or been sent back
with my objections, all of which have been sustained. Of
these two, the tax bill will be returned to the proper
House immediately with the reception of this message, and
a resolve will also be returned with my objections.

I have given to the request of the twoTLnises to adjourn
them my most careful consideration ; all the more because
I find myself obliged to disagree with them in regard to
the question claiming the demand of "the welfare of the
Commonwealth."

778 Special Messages.

Proposed Ad- If I could have any doubt upon the question it would

t'lie Legislature 1)6 Hiy dutj which I should cheerfullj perform to resolve
to"Aug"27,"i883. it iu favor of the request. But I have none whatever.

There is still another reason why I 4iave given this ques-
tion anxious attention. If the legislature could adjourn
itself without my consent, in that case I could throw
the responsibility upon them, and it is always a con-
venience for a public officer to rid himself ot responsi-
bilities. But with the full conviction that the legishiture
cannot adjourn itself, I tind myself obliged to tiike the
sole responsibility of den} ing the request for an adjourn-
ment of the legislature to a future date.

I am confirmed in my opinion that the legislature can-
not adjourn itself, because I tind by the Constitution an
express inhibition upon each House to adjourn itself for
more than two days at a time with or without the consent
of the other, and therein our Constitution diiiers from the
Constitution of the United States.

True, I have heard it said that while the Coustitution
prevents each House from adjourning, yet there is power
in both Houses to adjourn jointly to a future time, but I
do not find any such authority in the Constitution.

If it is to be deduced from anything, it is from the fact
that, by the Constitution, neither House can adjourn itself
to a future day more than two days distant. From that
lack of power in each so to do, how any affirmative power
in both Houses so to do is obtained, passes my comprehen-
sion. I cannot conceive, to state it mathematically, how
zero added to zero can produce anything but zero.

Of any supposed right of the two Houses to assemble
without the consent of the Governor I say nothing here
and now. It is a power, if it exists, that has not been
exercised for more than one hundred years.

I could conceive of a possible exigency that might per-
mit it, but that would be an emergency almost justifying
levolutionary measures. But to hear or act upon the re-
port of the Tewksbury investigating committee, which in
my judgment will not change the opinion or action of a
single individual, is not such an exigency.

[To the House of Representatives, July 10.]

State Work. Thc membcrs of the House have undoubtedly been in-

hous..^deBtroyed f^^j.^^ej^ through the public prints, of the destruction of
the State Workhouse at Bridgewater by fire.

Special Messages. 779

The whole of the building used for the habitation and state work-
confinement of the inmates of the institution was destroyed ^°"fl,fe^''^"'°^'®'^
on Saturday last, leaving unburned the barns and the adja-
cent out-hiiildings only.

All the buildings were appraised on the first of October
last at $132,000. But as the appraisal is only reported in
a lump sum, it is impossil)lo from any official sources to
state what is the worth of the remaining buildings.

While the destroyed buildings in a certain degree an-
swered the purposes of the institution, yet, from their
piecemeal construction and unfitness for the purpose for
which they are devoted, their worth to the State was much
less than the appraised value, which it is supposed had
some relation to their cost. I have no doubt that for
$60,000, and perhaps less, with due regard for economy,
buildings could be built in which the inmates of the work-
house could be in a far better manner accommodated and
cared for.

There was a very considerable portion of the personal
property, consisting of clothing, furniture, tools and ma-
chinery destroyed, which makes the loss to the State suf-
ficientl}^ severe.

The inmates — and I use the word as a generic term,
because Avhile most come there as convicts, at the present
time, yet there are considerable numbers who are there
voluntarily — have been provided for at the State Reform
School at Westborough, which has sufficient room for their
present accommodati(m. But this provision ought only
to be temporary, as in an emergency, if the State Reform
School is to be continued. While the whole number of
inmates at Bridgewater is at this season of the year some-
where in the neighborhood of one hundred and thirty,
yet in the winter season vagrants, common drunkards,
and other persons convicted of minor offences are sent
there, so as to raise the number in some cases to about
four hundred, together with the State paupers who are
transferred thence from Tewksbury.

Three questions present themselves to the legislature : —

I. Shall the Bridgewater State Workhouse be con-
tinued? If so, it must be rebuilt and equipped at an ex-
pense, ultimately, of at least $100,000.

II. AVill the State abandon this feature in her correc-
tional system of administration, and distribute the convicts
to the houses of correction in the several counties?

780 Special Messages.

state Work- HI* Will the State devote the Westborough establish-

by"fi7e!*^*"^*'^^*' ment to this institution, and distribute its present inmates
to other correctional institutions, or endeavor to maintain
the school as a part of the State Workhouse?

There is in favor of the first proposition, the ftict that
there is a large amount of land at Bridgewater, well situ-
ated except perhaps as regards drainage, under a very
good state of cultivation, with entirely sufficient agricul-
tural buildings. The appraised value of its land is in the
neighborhood of twenty-live thousand dollars, and the
buildings perhaps some eight or ten thousand dollars more.
It may be doubted whether, if the land and buildings are
abandoned by the State and sold to the highest bidder,
they would bring more than fifteen per cent, upon their
cost or appraised value.

Another argument in favor of the same proposition is
that by erecting new buildings, the present correctional
system for minor offences would be continued in force.

Against it is the expenditure, when fully completed and
equipped, of say $125,000, and establishing a place of
confinement where the averno^e board and care of each in-
mate cost, last year, $154.74; or a weekly cost of $3,
which is considerably more than double the cost for the
same class of convicts in some of the houses of correction
in the counties.

The argument in support of the second proposition is
that the inmates can be cared for in the houses of correc-
tion much more economically than under the State Work-
house system. The paupers can be supported at the State
Almshouse, and, under proper administration, can be
equally well cared for.

In the affirmative of the third question the argument is
that this would be by far the most economical course for
the State, if it is to continue the present State Workhouse
system ; but it would require the abandonment or merging
of the Westborough Reform School for Boys, without
perhaps any very great harm to the boys, who are under
sentence generally for graver offences than are those who
are sentenced to the State Workhouse.

There is still another proposition which involves some-
what different consideration : The reports of the increas-
ing number of the insane demonstrate that almost as soon
as i3roper buildings can be prepared, a new insane hospital
must be erected, in which it would seem to be as well that

Special Messages. 781

the chronic and imbecile insane who are now under the ^ougVJettroyed
care of the State, might be put together in one establish- tytire.
ment, in plain economical buildings to be adapted to the
diffeient treatment needed by each class, where the bene-
ficiaries might be afforded the comforts of more home-like
care, and given employments and amusements which would
alleviate the sufferings of their unhappy condition in a more
economical manner to the State than is now done at either
of the hospitals, or the insane asylum at Tewksbury ; and
the patients at the overcrowded insane hospitals might be
so classiiied as to give greater scope for a hope of improve-
ment than by the present system. Certain it is that some-
thing must be done soon in this direction, and this may be
the opportune moment to do it. Thereby the Avell-tilled
farm at Bridgewater, with its expensive agricultural build-
ings and its extont of land, might be utilized to the State,
which, if the Bridgewater establishment were to be aban-
doned, would otherwise be lost.

These suggestions, which, from the haste in which they
are prepared, I admit to be crude, I respectfully submit
fur the consideration of the legislature. ,

I believe if Bridgewater is to be rebuilt an appropriation
of $50,000 to rebuild a portion of it sufficient to accommo-
date all of the inmates of such an institution that cannot as
well be cared for in other institutions, is all that could be
profitably used during the present year. And if, say, ten
thousand dollars more should be appropriated to refurnish
the establishment in addition to the present appropria-
tions, enough may be done to put a very considerable por-
tion of it in working order by the coming winter, so that
the inmates who ought to go there can be cared for ; the
further work to be done to come within the province ot
the next General Court. If the legislature in its wisdom
should come to the conclusion to rebuild the establishment
at Biidgewater for any purpose, then I respectfully sub-
mit that provision should be made that the plans and spe-
cifications of the buildings should be submitted to the
governor and council for their approval. There is no
occasion to build at Bridgewater either a monument to an
architect or an advertisement of archi ectural designs, but
only plain, economical, comfortable houses, sub.!itantially
fire-proof, for the accommodation and safety of those
whose esthetic capacities have either never been culti-
vated, or are impaired.

782

Special Messages.

Resolve, in
favor of the
Clerks of the
Senate and
House of Rep.
resentalivea.

[To the Senate, July 27-]

I have the honor to return to the House in which it
originated, a Resolve entitled " A Resolve in favor of the
Clerks of the Senate and House of Representatives," and
ask a reconsideration of the Resolve by the two Houses. I
object to the Resolve because it gives additional salary
to two officers of the House and Senate respectively, in
addition to their salaries as fixed by law. The present
salaries of these offices were fixed at $2,000 by the Legis-
lature of 1879, whose wisdom I am not permitted to
doubt, in this that they fixed the salary of the Governor
of the Commonwealth at $4,000 a year as ])eing in their
opinion that '* honorable salary," which is provided for the
supreme executive magistrate by the Constitution, being a
diminution of the former salary of one-quarter of the
present. In 1880 those salaries were increased $500, and
are now fixed at $2,500 per annum. I find that that very
deserving officer, with large duties and heavy responsi-
bilities, the Secretary of Commonwealth, receives but
$2,500 per year, the same salary as the Clerk of the
Senate and House, and he is obliged to attend sedulously
here at the State House during the whole year. The Auditor
of Accounts, who is always obliged to attend to his duties
here during the whole year, receives a salary of $2,500,
while the Treasurer and Receiver General of the Com-
monwealth, with the responsibility of many millions, and
he is burdened with the procurement of the heavy bond of
$100,000, whose duties confine him closely to his oflSce
during the year, has a salary of but $4,000, and in addi-
tion to this he performs the duties of tax commissioner.
If these salaries are adequate, and I have seen no proposi-
tion to increase them, it seems to me very clear that the
salaries of the Clerks of the Senate and House, as now
fixed by law, are quite adequate.

I do not wish to be understood in any way as intimating
that the Clerks of both House and Senate are not entirely
competent and faithful officers, but I assume that the
other officers whom I have mentioned are equally so.

It may be claimed in behalf of these first-named officers
that this session of the Legislature is unusually, if not
unprecedently, protracted, and that there has been an ex-
tra burden thrown on the Clerks of the two Houses.

That is true, but if, as I had hoped at the commence-
ment of the session of the Legislature, its session had been

Special Messages.

783

unprecedentedly short, then I suppose nobody would have Resolve in

said that their salaries ought to be diminished. Besides, crerL^onhe

I cannot fail to observe that this session has been equally senate and

1 1 /• I TT -I'll' House of Rep-

burdensome upon the members or the House in which this resentatives.

bill originated, and I am bound to assume that their time
is as valuable to them and that their labors have been as
arduous as those of their Clerks, and the members of that
House have not expressed any intention or wish to in-
crease their own salaries on account of the length of the
session, and while I applaud the magnanimity which in-
duces them to vote extra compensation to the Clerks of
the two Plouses and not to themselves, yet it seems to me
that the burdens of this long session must, however unfor-
tunate and unpleasant they may be, be borne with patience
by all, whether they fall upon the Executive, the members
of the Legislature, or any other department of the gov-
ernment, the labor-s of which have been increased thereby.

CHANGE OP NAMES.

786

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Lottie Burke,*

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THE

CIVIL GOVERNMENT

€ommontt)caltl) of illari5acl)U5ctt5,

4ND OFFICERS IMMEDIATELY CONNECTED THEREWITH
FOR THE POLITICAL YEAR

1883.

]:XECUTIYE DEPARTMENT.

HIS EXCELT.EXCY

be:n^jami]s^ f. butler.

Governor.

Thomas E. Majoi:
Edward F. Hamlls

Private Secretary.
Executive Clerk.

HIS HONOR

OLIYER AMES,

LlEUTENAKX-GOVEENOR.

COUNCIL— (Bv Districts)

I. — I^IATTHEW H. CUSHING
If. — NATHANIEL WALES .

III. — WILLIAM A. TOWER .

IV. — PATRICK MAGUIRE .
v. — EDWARD H. HASKELL

VI. — GEORGE HEY WOOD .
VII— EBEN A. HALL .
VIII — WELLINGTON SMITH

Middlebrrough.

Stoughton.

Lexington.

Boston.

Gloucester.

Concord.

Greenfield.

Lee.

HENKY B. PEIRCE,

Secretary of the Commonwealth.

Henry J. Coolidge, 1st Clerk: Isaac H. Edgett, 2d Clerk.

George G. Spear, Jr., Sd Clerk.

DANIEL A. GLEASON,

Treasurer and Receiver- General.
Daniel H. Rogers, 1st Clerk.. John Q. Adams, 2d Clerk.

CHARLES R. LADD,

Auditor of Accounts.
William D. Hawley, 1st Clerk. Edward S. Davis, 2d Clerk.

EDGAR J. SHERMAN,

Attorney-General.
Harvey N. Shepard .... Assistant Attorney-General

LEGISLATIVE DEPARTMENT.

GENERAL COURT:

Arranged in Accordance with the District Revision of 1876.

SE I^ ATE.

President — G'EORGE G. CROCKER.

District.

Name of Senator.

Residence.

First Suffolk .

Knovvles Freeman

Chelsea.

Second "

John H. Sherburne

Boston.

Third "

Owen A. Galvin

Boston.

Fourth "

George G. Crocker .

Boston,

Fifth

James A. McGeough .

Boston.

Sixth "

Frederick S. Risteen .

Boston.

Seventh "

Arthur W. Tufts

Boston.

Eighth "

Benjamin F. Cutter .

Boston.

First Essex

John R. Baldwin

Lynn.

Second "

William Sparhawk .

Marblehead.

Third "

Isaac A. S. Steele

Gloucester,

Fourth "

Charles A. Sayward .

Ipswich.

Fifth "

Edwin Bowley .

Haverhill.

Sixth "

James 0 Parker

Methuen.

First Middlesex

George A. Bruce

Somerville.

Second "

David Randall .

Waltham.

Thii-d

Henry J. Wells .

Cambridge.

Fourth

Walter N. Mason

Natick.

812

Senate.

District.

Name of Senator.

Residence.

Fifth Middlesex

Charles F. Gerry

Sudbury.

Sixth

Onslow Gilmore

Stoneham.

Seventh "

Charles H. Allen * .

Lowell.

First Worcester

Charles B. Pratt

Worcester.

Second "

George W. Johnson .

Milford.

Third

Charles P. Barton

Spencer.

Fourth

Theodore C. Bates ,

N. Brookfield.

Fifth

Edward P. Loring

Fitchburg.

Hampshire

Alvan Barrus

Goshen.

First Hampden

William H. Haile

Springfield.

Second "

Dexter B. Hitchcock .

Holyoke.

Franklin .

Rufus Livermore

Orange.

North Berkshire

Foster E. Swift .

North Adams.

South

John M. Seeley .

Gt. Barrington.

First Norfolk .

Benjamin S. Lovell .

Weymouth.

Second "

Wai'ren E. Locke

Norwood.

First Plymouth

Peleg McFarlin .

Carver.

Second "

James S. Allen .

E. Bridge water.

First Bristol

Lincoln S. Drake

Easton.

Second "

John W. Cummings f

Fall River.

Third "

Charles S. Randall .

New Bedford.

Cape

Joseph P. Johnson

Provincetown.

STEPHEN N. GIFFORD
EDMUND DOWSE
O. F. MITCHELL .

Clerk.

Chaj)lain.

Sergeanl-al-Arms.

* In place of Jeremiah Crowley, unseated January 29.

■f Elected February 0, 1883. No choice at November election.

House of Representatives.

813

HOUSE OF REPRESENTATIYES.

/Speaker — GEORGE A. HARDEN.

COUNTY or SUFFOLK.

Town or Ward.

Name of Representative.

1st

3d
4 th
5th

6th

7 th

8th

9th

10th

11th

12th

13th

14th

Boston, Ward 1

Boston. Ward 2

Boston, Ward 3
Boston, Ward 4
Boston, Ward 5

Boston, Ward 6

Boston, Ward 7

Boston, W^ard 8

Boston, Ward 9

Boston, Ward 10

Boston, Ward 11

Boston, Ward 12

Boston, Ward 13

Boston, Ward 14

Jesse M. Gove
Benj. F. Campbell .

Michael J. Dnlan
Chiis. P. Conlin

Samuel C. Hunt
John E. Hayes

Edwin L. Pilsbury .

John R. Murphy
John Keade

M. S. McCormack .
James Tarone

J. A. McLaughlin .
John Doherty .

Patk. F. McGaragle .
Thomas C. Butler .

George L. Clark
Julius C. Chappelle

Charles Wheeler
Henry H. Sprague .

Roger Wolcott
John W. Leighton ,

Patk. F. McDonald ,
Jer. H. Mullane

Cornelius F. Cronin
Francis O'Brien

Horace L. Bovvker .
Wm. H. Frizzell

Boston.
Boston.

Boston.

Boston.
Boston.

Boston.
BoSion.

814

House op Repkesentatives.

COUNTY OF SUFFOLK — Concluded.

District.

Town or Ward.

Name of Representative.

Residence.

15th,

Boston, \Yard 15

Oliver G. Fernald .
Chas. W. Donahoe .

Boston.
Boston

IGth,

Bostou, Ward 16

•|

.Ter. G. Fennes«ey .
Abraham J. Lamb .

Boston.

B0!^t0U.

17th,

Boston, Ward 17

Edm. T. Enstman .
Jesse L. Nason

Boston.
Boston.

18th,

Boston, Ward 18

Albert T. Whiting .
Geo. E. Learnard

Boston.
Boston.

19th,

Boston Ward 19

Patk. H. Manning .
William Kilduflf .

Boston
Boston.

20th,

Boston, Ward 20

Arthur F. Means
Wm. H. Say ward .

Boston.
Boston.

21st,

Boston, Ward 21

Andrew J Browne .
Halsej J. Boardman

Boston.
Boston.

22d,

Bo."- ton. Ward 22

Mich.W. Costello .

Bostou.

23d,

Boston, Ward 23

George A. 0. Ernst .
Edward P. Butler .

Boston.
Boston.

24th,

Boston, Ward 24

f Wm.W Whitmarsh .
■\ Edmund F. Snow

Boston.
Boston.

25 th,

Bostou, Ward 25

. ' Charles L. Randall .

Boston.

26th,

r Chelsea .
< Kevere .
l^ Winthrop

Chas. C Hutchinson
D. Frank Kimball .
Thomas Martin

Chelsea.
Chelsea.
Chelsea.

COUNTY OF ESSEX.

Ibt,

2d,
3d,

/"Rockport . ."\
\ Gloucester, Ward 7 /

/ Gloucesler, Wards \
\ 1,2,3,4,5,6 ./

f Gloucester, Ward 8 ^
! Essex . . , !
j Manchester , . (
(^Hamilton . .)

Edward H. Shaw

Frank IL Gaffney
Ei'astus Howes

John H. Cheever

Rockport.

Gloucester.
Gloucester.

Manchester.

House of Representatives.

COUNTY OF ESSEX — Continued.

815

4th,
oth,
6th,

7th,

8th,
9th,

10th,

11th,
12th,

13th,

14th,
15th,
16th,
17th,

18th,

Town or Ward.

■ Wenham
Daiivers .

Beverly .
Salem,Wards 1,

Salem, Wards 3, 4

( Marblehead
\ Swaaipscott .

Lynn, Ward 3

f Lynn, Wards 1,

5.7 . .
l^ Nahaut .

Lynn, Ward 6

Peabody .

( Sang us .
J Lynntield
1 JNIiddleton
1^ Topsfield

Name of Representative.

2,4,

Andover .
North Andover

r Box ford .
I Rowley .
(^Ipswich .

^ Newbury
I Newburyjjort

Georgetown

Groveland

Bradford

( West Newbury . "^

Salisbury
"] Amesbury
(^ Menimac

Alonzo J. Stetson

John I. Baker .

William Cogswell
John Jackson .

Chs.W. Richardson
Edmund B.Willson

Francis E. Pedrick

John L. Parker

Willi an R. Melden
Geo. W. Littlefield
Charles H. Baker

James W. Switzer

Aaron F. Clark

Albert H, Sweetser

Charles Smith .

Wm. R. Kimball

John P. Coombs
Thos. C. Simpson

W. Scott Peabody

Marq. D. F. Stoere
David L. Ambrose

Danvers.

Beverly.

Salem.
Salem.

Marblehead
Marblehead.

Lynn.

Lynn.
Lynn.
Lynn.

Lynn.

Peabody.

Saugus.

Andover.
Box ford.

Newburyp't.
Newburyp't.

Groveland.

Amesbury.
W. Newbury,

816

House of Representatives.

COUNTY OF ESSEX — Concluded.

District.

Town or Ward.

Name of Representative.

Residence.

19lll,

20th,
21st,

r Haverhill . .1
1 Methuen . . j

/ Lawrence, Wards 1, \
\ 2,3 . . ./

/ Lawrence, Wards 4, \
\ 5,6 . . ./

Daniel B. ClafF
Edwin N. Hill
Adams H.Cogswell .

Dennis (iilmartin .
Dennis A. Sullivan .

Samuel M Davis
Daniel F. Dolan

Haverhill.
Haverhill.
Methuen.

Lawrence.
Lawrence.

COUNTY OF MIDDLESEX.

1st,

/ Cambridge,

\ 1, 5 .

Ward

Wra. A Bancroft
Chester W. Kingsley

Cambridge.
Cambridge.

2d,

J Cambridge,
1 2.4 .

Ward

■{

Geo. D Chamberlain
John W. Wilkinson .
Lewis W. Howes

Cambridge.
Cambridge.
Cambridge.

3d,

Cambridge,

Ward 3

Joseph J. Kelley

Cambridge.

4th,

Somerville,

Ward ]

Elijah C. Clark

Somerville.

5th,

Somerville, Ward 2

Charles S. Lincoln .

Somerville.

Gth,

/Somerville,

\ 3, 4 .

Ward J

Edwai'd Glines

Somerville.

7th,

Medford

Joshua T. Foster

Medford.

8th,

f Maiden .
\ Everett .

}

William F. Chester .
Georgo E. Smith

Maiden.

Everett.

9th,

Melrose .

Wingate P. Sargent .

Melrose.

10th,

Stoneham

George Covvdrey

Stoneham.

11th,

Wakefield

Arlon S. Athert jn .

Wakefield.

12th,

r Reading .

I North Reading

i^ Wilmington

}

Warren Eames

Wilmington.

13th,

Woburn .

John G. Maguire

Woburn.

14th,

( Arlington
\ Winchester

}

James F. Dwinell .

Winchester.

House of Representatives.

COUNTY OF MIDDLESEX — Continued.

817

Town or Ward.

15th,

ICth,
17th,

18th,

19th,

20th,
21st,
22d,
23d,
24th,
25th,

26th,

27th,

28th,
29 th,

30th,
31st,

( Watertown
\ Belmont .

Newtoa .

Waltham

f Lexington
J Burlington
1 Bedford .
l^Billerica .

fTewksbury
! Chelmsford
I Tyngsborough
1^ Dracut .

Lowell, Ward 1

Lowell, Ward 2

Lowell, Ward 3

Lowell, Ward 4

Lowell, Ward 5

Lowell, Ward 6

f Concord .
j Acton
) Carlisle .
(^Lincoln .

f Weston .
! Wayland
j Sudbury
1^ Maynard

Natick .

C Holliston
\ Sherborn

f Hopkinton
\ Ashland .

Framinofham .

Name of Representative.

Daniel Butler .

Charles C. Burr
Thos. Weston, Jr.

John S Williams

Leonard A Saville

Jesse B. Butterfield

John Courtney
Daniel H. Varnum
Michael Sexton
Chas D Starbird
George L. Huutoon
George A. Marden

Samuel Staples

Henry J. White

Warren A. Bird
Leonard T. Morse

Caleb Holbrook
James R. Entwistle

Belmont.

Newton.
Newton.

Waltham.

Lexington.

Tyngsboro'.

Lowell.
Lowell.
Lowell.
LowelL
Lowell.
Lowell.

Concord.

WestoQ.

Natick.
Sherborn.

Ashland.
Framinsrham.

818

House of Representatives.

COUNTY OF MIDDLESEX — Concluded.

District.

Town or Ward.

Name of Representative.

Kestdence.

32d,
33d,

34th,

35th,

Marlborough .

f Hudson . . .^
1 Stow . . 1
f Boxboroiigh . . |
l^ Littleton . .j

( Westford . . ^
! Groton . . . '
1 Dunstable . . j
(^ Pepperell . . j

fAyer . . .^
) Shirley . . '
) Townsend . , {
Ushby . . .)

Samuel N Aldrich .
Luman T. Jefts

Charles H. Miller .

Alonzo A. Carr

Marlborough.
Hudson.

Pejiperell.

Ashby.

COUNTY OF WORCESTER.

1st,

2d,

3d,

4th,

5th,

6th,

7th,

TBlackstone

\Ux bridge

(Mendon .
Mil ford .
Upton

/ Northbridge
\ Grafton .

f Westborouo;h .
\ Southborough

f Clinton .

Berlin
I Bolton .
<{ Stei'ling .
I Lancaster
I Harvard .
(^ Lunenburg-

Fitchburg

( Winchendon .
I Ashburnharu .
<J Gardner .
I Westminster .
l^ Princeton

Americus Welch

Thomas J. Hall
D. M. Richardson

Arthur F. Whitin

Fitch A Winchester

Henry S Nourse
Edwin A. Hildreth

Oraon H. Lawrence
Harris C. Hartwell

Walter O. Parker
Wilder P. Clark

Blackstone.

Upton.
Mendon.

Northbridge.
Southboro'.

Lancaster.
Harvard.

Fitchburg.
Fitchburg.

Ashburnham.
Winchendon.

House of Kepresentatives.

COUNTY OF WORCESTER — Continued.

819

8th,
9th,

10th,

11th,

12th,

13th,

14th,
loth,

16th,

17th,
18th,
19th,

Town or Ward.

fAthol
\R03alston

( Petersham
! Phillipston
I Templeton
(^ Hubbardston

f Dana

I Hardwick

■{ 1 Jarre

I Oakham .

l^New Braiutree

f Rutland .
j Holden ,
) Paxton .
(^Leicester

( We?t Brookfield

1 Warren .

<( Brdokfield

I North Brookfield

l^ Sturbridge

f Spencer .
! Charlton .
j Southbridge .
1^ Oxford .

{Douglas .
Webster .
Dudley .

(Auburn .
Millbury.
Sutton

f Shrewsbury .
1 Northborough
I Hoylston
l^ West Boylston

Leominster

Worcester,Ward 1

Worcester, Ward 2

Name of Represer.tative.

Frank W. Adams

Charles S. Lord

Allen W. Goodman

Richman H. Potter *

Emory L. Bates
Horace W. Bush

Benajah U. Bugbee
Albert Tyler .

Butler Bates .
John Hopkins .

Samuel I. Rice

Joel Smith
Aai'on G. Walker
Forrest E. Barker

Royalston.
Templetun.

Dana.

Rutland,

Stiirbridg^e.
W.Brookfield.

Southbridge.
Oxford.

Webster.
Millburj-.

Northboro'.

Leominster.

Worcester.

* Deceased May SI.

820

House of Repeesentatives.

COUNTY OF WORCESTER— Concluded.

District.

Town or Ward.

20th,

Worcester,Ward 3 .

21st,

Worce3ter,Ward 4 .

22d,

Worcester, Ward 5 .

23d,

Worcester, Ward 6 .

24th,

Worecster,Ward 7 .

25th,

Woreester,Ward 8 .

Name of Representative.

Eug. M Moriarty
David F.O'Connell
James H. Meilen
George H. Ball
Geo E. Batchelder
Burton W. Potter

Eesidence.

Worcester.
Worcester.
Worcester.
Worcester.
Worcester.
Worcester.

COUNTY OF HAMPSHIRE.

1st,

2d,

3d,

4th,

5th

(Easthampton .
Northampton .
Southampton .

fHadley .
! Hatfield .
; Westhampton
1^ Williamsburg

( Chesterfield
Cummington
Goshen .
Huntington

] Middiefield

I Plainfield

( Worthington

f Amlierst
! I^elliam .
1 Prescott .
1^ South iladley

( Belchertown

Enfiehl .
<| Gran by .
I Greenwich
t Ware

John F. Warner
Charles N. Clark

Daniel W. Wells

Dwio-htW.Streeter

Levi Stockbridffe

John Tillv

Northampton.
Northampton.

Hatfield.

Chesterfield.

Amherst.

Granby.

COUNTY OF HAMPDEN.

1st.

f Monson .
J Brimfield
] Holland .
i l^ Wales

•1

Sol. F. Cushman

Monson.

House of Representatives.

COUNTY OF HAMPDEN — Concluded.

821

Town or Ward.

2d,

3d,
4 th,

5th,

6th,

7th,
8th,
9th,

10th,
11th,

f Palmer .
I Wilbraham

Hampden

(^ Ludlow
Chicopee

/ Springfield, Wards

\ 1,2 . . .

/ Springfield, Wards \
\ 3, 6 . . ./

Springfield, Wards

4, 7 .
Longmeadovv .

Springfield, Wards

5, 8 .

/Holjoke, Wards 1,
\ 2, 3, 4,.5 .

Holjoke, Wards 6, 7
West Springfield .

Westfield
Agawam
Montgomery

( Southwick
I Granville
j Tolland
1 Bland ford
I Chester .
1, Russell .

Name of Representative.

Warren D Fuller

Ansel F. Wildes *

John Olmsted .
Theodore D. Beach

John B. Stebbins

Charles S. Newell

Charles Fuller
John H. Wright f
A. Hierginbottom

Wm. H. Whitney
Edwin Leonard, 2d

Charles H. Knox

Ludlow.

Chicopee.

Springfield.
Springfield.

Springfield.

Lougmeadow.

Springfield.

Holjoke.

Westfield.
Aofawam.

Chester.

COUNTY OF FRANKLIN.

1st,

fErving .
! Warwick
I Orange .
\^ New Salem

Charles A. Towne

Oranire.

* Elected Jan. 12, 188.3. No choice at November election.

t Elected Jan. 24, 1883, in place of Jeremiah J. Donoghue, wlio died Dec. 17, 1882.

822

House of Representatives.

COUNTY OF FRANKLIN — Concluded.

District.

Town or Ward.

Name of Representative.

Eesidence.

2d,

fMontao-ue
1 Sundcrlaud
•^ Leverett .

Shutesbiiry
I Wendell .

•1
•1
■>
•1
•J

Franklin LWebster .

Montague.

3d.

f Greenfield

<^ Gill

i. Shelburne

;)

John A. Aiken

Greenfield.

4th,

f Deerfield
I Conway .
[ Whately

Wm. W. Foster * .

Deerfield.

6th,

f Northfield
1 Bernardston .
<j Leyden .
i Colrain ,
1^ Heath .

•1
•1
■>
•1
■)

John D. Miller

Colrain.

6lh,

'Ashfield .
Buckland
! Charlemont .
1 Hawley .
1 Rowe
1^ Monroe .

■>

• 1

•1
•J

Henry L. Warfield .

Buckland.

COUNTY OF BERK.SHIRE.

1st,

2d,
3d,

4th,

f Hancock .
I Lanesborou^h
^ New Ashford
I Williams; own
{ Clarksburg

r Adams .
\ North Adams

/ Pittsfield .
\ Dalton .

( Florida .
I Savoy
I Cheshire .
•{ Windsor .

Washington
I Peru
(^ Hinsdale .

Charles D. Belden

Nelson Ff. Bixby
Henry G. B. Fisher

Jacob Gimlich .
John S. Barton

)■ Heman L. Allen

Williamst'n.

Adams.
North Adams.

Pittsfield.
Dalton.

Windsor.

* Seated Feb. 6, 1883. The return of the November election declared it a tie vote.

House of Representatives.

COUNTY OF BERKSHIRE — Concluded.

823

:th,

eth,

7 th,

8th,

Town or Ward.

fBecket .

Lee .

Otis
(^ Tjriughani

f Richmond

Lenox

Stockbriclo;e .
( West Stockbridge

( Alford .

Egremont

Great Harrington
l^ Monterey

( Mt. Washington
New Marlborough
Saudisfield

(^Sheffield .

Name of Representative.

;> ' Pliny M. Shaylor

George E. Kniffin

Herbert C. Joyner

George Kellogg

Lee

W. StockbVe.

Gt.Barringt'n

Sheffield.

COUNTY OF NORFOLK.

1st,

2d,
3d,

4th,
£th,
6th,

7tL,
8 th,

f Dedhara .
\ Norwood

Brookline

Hyde Park

Milton .
Canton .

Quincy .
Weymouth

Braintree
Hclbrook

f Randolph

J Stoughton
I Sliaron .
l^Walpole .

f Franklin
I Fdxborough
<j Wrentliam
I Bi.'llingliam
\ Med way .

Chas. A. Mackintosh

Ruf. G. F. Candage .
Hobart M. Cable

Henry B. Martin

George A. Barker .
Wm. G. A. Pattee ,
William N. Eaton .

Alva S. Morrison

George E. Craig
Bushrod Morse

Sabin Hubbard
Fred. H Williams

Dedhara.

Brookline.
Hyde Park.

Milton.

Quincy.
Quincy.
Quincy.

Braintree.

Walpole.
Sharon.

Franklin,
Foxborough.

824

House of Representatives,
county of norfolk — concludkd.

District.

Town or Ward.

Kame of Kepresentative.

Kesidence.

9th,

f Needhara . . "^
1 Dover . . . |
«j Medtield . . . }
1 Norlolk . . . 1
OVellesley . .)

Lyman K. Putney .

Wellesley.

COUNTY OF BRISTOL.

1st,
2d,
3d,

4th,

5tl!,

Gth,
7th,

8th,
9tb,

10th,

fAttleborough
Norton .
Manstield

f Easton
\Raynhan]

Taunton .
Berkley .

{Acushnet
Fairhaven
Freetown

New Bedford,Wards

1,2,3 .

New Bedford,Wards
4,5, 6 .

J Westport
\ Dartmouth

P'all River, Wards
1, 2, 3, 4 .

Fall River, Wards ^
5, 6 . . A

Somerset

f Seekonk .
! Swanzey
1 Rehoboth
[Dighton .

John Whitehill .
Wm. A. Copeland

George A. Lackey

Francis S. Babbitt
Charles T. Barnard
Herbert L. Peck

Rufus A. Dunham ,

O, G. Robinson
William A. Searell

Wm. Gordon, Jr.
James R Denham

John W. Gifford

Charles B. Martin
T. D wight Stow
Patrick E. Foley

Jas. F. Davenport
Job M. Leonard

James H. Mason

Attleborough.
Mansfield.

Easton.

Taunton.
Taunton.
Taunton.

Fairhaven.

New Bedford.
New Bedford.

Westport.

Fall River.
Fall River.
Fall River.

Fall River.
Somerset.

Swanzey.

House or Repeesentatives.

COUNTY OF PLYMOUTH.

825

Town or Ward.

Name of Representative.

1st,
2d,

3d,

4th,
oth,
6th,

7th,

8th,

9th,

lOlh,

11th,

/H in sham
\Huir

{Cohasset .
Scitu.'ite .
South Scituate

( Marshfield
1 Pembroke
j Hanson .
(^Halifax .

( Duxbury .
1 Kingston
j Pl3nipton
t^ Carver

Plymouth .

( Wareham
j Rochester
j Marlon .
(^ Mattapoisett

Middleborough
Lakeville

Bridge water .
East Bridgewater

f Rockland
\ Hanover

Brockton

West Bridgewater

Abington
South Abington

Joseph Jacobs, Jr.
Louis T. Cushing

George F. Stetson

Fred. M. Harrub
Chas. H. Rowland
Isaac F. B. Perry

Sprague S. Stetson
Charles M. Reed
Chas. W. Howland

Enos H. Reynolds
Wm. L. Doujrlas

Andvv. C. Brigham

COUNTY OF BARNSTABLE.

Hingham.
Cohasset.

Hanson.

Plympton.
Plymouth.
Rochester.

Lakeville.
Bridgewater.

Rockland.

Brockton.
Brockton.

So. Abington.

1st,

2d,

r Sandwich
\ Falmouth

Barn.stable
Mashpee .

Bradford B. Briggs

Francis D. Cobb

Sandwich.
Barnstable.

826

House of Kepeesentatives.

COUNTY OF BARNSTABLE — Concluded.

District.

Town or Ward.

Name of Representative.

Residence.

3d,

4th,

6th,
6th,

r Yarmouth . .^^
\ Dennis . . ./

f Harwich . . . ^
\ Chatham . . /

f Brewster . .")
1 Orleans . . . !
j P2astliam . . [
OVellfleet . J

r Truro . . .^
\ I'rovincetown . . /

David Fisk
C. A. Freeman

Sol. Linnell, 2d

Edward E. Small .

Dennis.
Chatham.

Orleans.

Provincetown

DUKES COUNTY.

1st,

f Chilmark
I Cottnge City
! Ed gar town
I Gay Head
I Gosnold .
(^ Tisbury .

Tristram K. Ilolley

Edo:artown.

COUNTY OF NANTUCKET.

1st,

Nantucket

Josiah Freeman . Nantucket

EDWARD A. Mclaughlin

DANIEL W. WALDllON .
O. F. MITCHELL

Clerk.

Chcqylain.

Sergeant-at-Arms.

JUDICIAL DEPARTMENT.

SUPREME JUDICIAL COURT.

CHIEF JUSTICE.

MARCUS MORTON, of Andover.

ASSOCIATE JUSTICES.

WALBRIDGE A. FIELD, of Boston.

CHARLES DEVENS, of Worcester.

WILLIAM ALLEN, of Northampton.

CHARLES ALLEN, of Boston.

WALDO COLBURN, of Dedham.

OLIVER WENDELL HOLMES, Jr., ... 0/ Boston.

SUPERIOR COURT.

CHIEF JUSTICE.

LINCOLN F. BRIGHAM, of Salem.

ASSOCIATE JUSTICES.

JULIUS ROCKWELL of Lenox.

ROBERT C. PITMAN, of Newton.

JOHN W. BACON of Natick.

P. EMORY ALDRICH of Worcester.

WILLIAM S. GARDNER, of Neioton.

HAMILTON B. STAPLES, of Worcester.

MARCUS P. KNOWLTON of Springfield.

CALEB BLODGETT of Boston.

ALBERT MASON of Brookline.

JAMES M. BARKER, of Pittsjield.

823

Judicial Department.

JUDGES OF PROBATE AND
JOHN W. McKIM, Boston,
GEORGE F. CHOATE, Salem, .
GEORGE M. BROOKS, Concord,
ADIN THAYER, Worcester,
WIIJJAM G. BASSETT, Easthampton,
Wn.LIAM S. SHURTLEFF, Springfield,
CHESTER C. CONANT, Greenfield, .
JAMES. T. ROBINSON, North Adams,
GEORGE WHITE, Newton,
JESSE E. KEITH, Abington, .

Vacancy,

HIRAM P. HARRIMAN, Wellfleet, .
JOSEPH T. PEASE, Edgartown,
THADDEUS C. DEFRIEZ, Nantucket,

INSOLVENCY.

. Suffolk.

. Essex.

. Middlesex.

. Worcester.

. Hampshire.

. Hampden.

. Franklix.

. Berkshire.

. Norfolk.

. Plymouth.

. Bristol.

. Barnstable.

. Dukes.

. Nantucket.

REGISTERS OF PROBATE AND
ELIJAH GEORGE, Boston,
JEREMIAH T. MAHONEY, Salem, .
JOSEPH H. TYLER, Winchester, .
CHARLES E. STEVENS, Worcester,
JOSEPH B. PARSONS, Northampton,
SAMUEL B. SPOONER, Springfield,
FRANCIS M. THOMPSON, Greenfield,
EDWARD T. SLOCUM, Lee, .
JONATHAN COBB, Dedham, .
DANIEL E DAMON, Plymouth,
WILLIAM E. FULLER, Taunton, .
FREEMAN H. LOTHROP, Barnstable,
HEBRON VINCENT, Edgartown, .
SAMUEL SWAIN, Nantucket, .

INSOLVENCY.

. Suffolk.

. Essex.

. Middlesex.

. Worcester.

. Hampshire.

, Hampden.

. Franklin.

. Berkshiue.

. Norfolk.

. Plymouth.

. Bristol.

. Barnstable.

. Dukes.

. Nantucket.

DISTRICT ATTORNEYS.
OLIVER STEVENS, Boston, .
WILLIAM B. STEVENS, Stoneham,
HENRY P. MOULTON, Salem, .
EVERETT C. BUM PUS, Weymouth,
HOSEA M. KNOWLTON, New Bedford,
FRANCIS T. BLACKMER, Worcester,
ANDREW J. WATERMAN, Pittsfield,
DANIEL W. BOND Northampton,

Suffolk.

Northern.

Eastern.

Soutii-Eastern.

Southern.

Middle.

Western.

North-Western

Judicial Department.

829

SHERIFFS.
JOHN M. CLARK/Boston,
HORATIO G. HERRICK, Lawrence, .
HENRY G. GUSHING, Lowell,
AUGUSTUS B. R. SPRAGUE, Worcester,
HENRY A. LONGLEY, Northampton,
HIRAM Q SANDERSON, Springfield,
GEORGE A. KIMBALL, Greenfield,
HIRAM B. WELLINGTON, Pittsfield,
RUFUS .0. WOOD, Dedham, .
ALPHEUS K. HARMON, Plymouth,
ANDREW R. WRIGHT, Fall River,
THOMAS HARRIS, Barnstable,
FRANCIS C. SMITH, Edgartown, .
JOSIAH F. BARRETT, Nantucket, .

Suffolk.

Essex.

Middlesex.

Worcester.

Hampshire.

Hampden.

Franklin.

Berkshire.

Norfolk.

Plymouth.

Bristol.

Barnstable.

Dukes.

Nantucket.

CLERKS OF COURTS.

GEORGE W. NICHOLS, Boston, Clerk of the

Court for the Commonwealth.
JOHN NOBLE, Boston, Supreme Judicial Court,
JOSEPH A. WILLARD, Bost., Sup. Ct., Civil T., }
JOHN P. MANNING, Boston, Criminal Term, S
ALFRED A. ABBOTT, Peabody,
THEODORE C. HURD, Cambridge, .
THEODORE S. JOHNSON, Worcester,
WILLIAM H. CLAPP, Northampton,
ROBERT O. MORRIS, Springfield, .
EDWARD E. LYMAN, Greenfield, .
HENRY W. TAFT, Pittsfield, .
ERASTUS WORTHINGTON, Dedham,
WILLIAM H. WHITMAN, Plymouth,
SIMEON BORDEN, Fall River,
SMITH K. HOPKINS, Barnstable, .
SAMUEL KENISTON,Edgartown, .
JOHN F. BllOWN, Nantucket, .

Supreme Judicial

Suffolk.
Suffolk.

Essex.

Middlesex.

Worcester.

Hampshire.

Hampden.

Franklin.

Berkshire.

Norfolk.

Plymouth.

Bristol.

Barnstable.

Dukes.

Nantucket.

830

Members of Congress.

MEMBERS OF THE FORTY-EIGHTH CONGRESS.

[Congreseional Districts established by Chap. 253, Acts of 1882]

SENATORS.

HENRY L. DAWES,
GEORGE F. HOAR,

REPRESENTATIVES.

District I. — ROBERT T. DAVIS, .
II. — JOHN D. LONG, .

III. — AMBROSE A RANNEY,

IV. — PATRICK A. COLLINS,
v. — LEOPOLD MORSE,

VI. — HENRY B. LOVERING,

VII — EBEN F. STONE, .

VIII— WILLIAM A. RUSSELL,

IX. — THEODORE LYMAN, .

X. — WILLIAM W. RICE, .

XL — WILLIAM WHITING, .

XIL — GEORGE D. ROBINSON,

of Pitts field,
of Worcester.

of Fall River,
of Hiyigham.
of Boston,
of Boston,
of Boston,
of Lymi.
of Newburyport.
of Lawrence,
of Brookline.
of Worcester,
of Holyoke.
of Chicopee.

Commonto^alt^ of glassar^usetts.

Secretary's Department, Boston, October 9th, 1883.

I certify that the Acts and Resolves contained in this
volume are true copies of the originals, and that the ac-
companying papers are transcripts of official records and
returns.

I further certify that the tables showing the changes
made in the general statutes by the legislation of the
present year have been prepared and are published as an
appendix to this edition of the laws by direction of the
Governor, in accordance with the provisions of Chap. 238
of the Acts of 1882.

HENRY B. PEIRCE,

Secretary of the Commonwealth.

INDEX

INDEX.

' Page
Acts and resolves, returns to be made of acceptance or rejection of,

by municipal and otlier corporations, ..... 404
Acushnet, town of, may regulate shad and herring fisheries within

the town, 473

Acushnet Elver, highway across tide-waters of, 468

Address of the governor to the legislature, 628

Adjournment of the legislature, message of the governor concerning, 772
Adjournments in examinations and trials of criminal cases before

trial justices, 467

Adjutant-general to complete the war records in his department, . 603
Administrators, public, payment of funds received from, by the

treasurer of the Commonwealth, 573

Adulteration of food and drugs, relating to, 572

Agawam, town of, relieved from certain forfeitures, .... 419
Aged females. Trustees of Home for, in the city of Worcester, may

hold additional estate ; bond of treasurer, .... 536
Aged women, Roxbury Home for children and, may hold additional

estate, 346

Agent to be appointed to prosecute claim against the United States, 615
Agricultural College, additional number of report of trustees, to be

printed, 605

Agricultural College, free scholarships to be established at, . . G16

message of the governor concerning, 704

Agricultural Experiment Station, board of control to make annual

report to the state board of agriculture, .... 406

Agricultural Society, Hillside, incorporated, 410

Agriculture, board of, salary of secretary, 485

Agriculture, board of, additional number of reports to be printed. . 617
Aldermen, may authorize manufacturers to ring bells, etc., to notify

their workmen, ......... 396

Aldermen in the city of Boston, election of, message of the goVeruor

concerning, 734

Almshouse, state, tlie same person may be appointed superintendent

and resident physician at, 599

in favor of, 612

messages of the governor concerning, . . . 725,748,760

iv Index.

Page

Amendment to the constitution, proposed, 621

Americau Bell Telephone Companj', may hold stock in certain corpo-
rations, 495

American Exhibition of foreign productions, arts and manufact-
ures, encouragement of, 603, 619

Ames Free Library of Easton, incorporated, 398

Amesbury, town of, water supply for, 446

Appeals, if frivolous or intended for delay double costs may be

awarded, 513

Appeals from orders passed by boards of health, .... 423
Apport ionment of state and county taxes, basis established, , . 381
Appropriations :

Maintenance of Government, —
Legislative, Executive, Seci'etary's, Treasurer's, Auditor's,
Attorney-General's, Agricultural, Educational and Military
departments. Tax Commissioner's bureau, Commissioners

and Miscellaneous, 333

Maintenance of Government, additional, —
Supreme Judicial, Superior, and Probate and Insolvency
Courts, and District-Attorneys, salaries, .... 338

Maintenance of Government, fuHher additional, —
Legislative, Executive, Agricultural and Military Depart-
ments, State House, miscellaneous, incidental and contin-
gent expenses, .......... 352

for mileage and compeussftion of the members of the legisla-
ture, for compensation of officers and for other purposes, . 338
for certain educational expenses, ...... 344

for charitable and reformatory institutions, message of the
governor, concerning, ........ 707

for sundry charitable expenses, ....... 349

for certain expenses, authorized in the year eighteen hundred

and eighty-two, 356

for salaries and expenses of the district police, . . . 492
for salaries and expenses at the reformatorj' prison for women, 492
for salaries and expenses at the state prison at Concord, . . 494
for expenses In connection with arrest of fugitives from jus-
tice, 494

for salaries and expenses at the state workhouse at Bridge-
water, 502

for salaries and expenses at the state industrial school at Lan-
caster, 503

for salaries and expenses at tlie state reform school at West-
borough, 504

for the assistance of female convicts discharged from prisons
in this Commonwealth, ........ 505

for salaries and expenses at the state primary school at Mou-
son, 505

Index. v

Page

Appropriations — Concluded.

for the assistance of convicts disclaarged from the state prison, 506
for salaries and expenses at the state almshouse at Tewksbury, 517
for expenses authorized the present year, and for other pur-
poses, 518, 577, 579, 597

for completion of double-tracking the Troy & Greenfield Eail-

road and Hoosac Tunnel, 462

for support of prisoners removed from the reformatory prison

for women, 493

for expenses in connection with removing prisoners to and

from the reformatory prison for women, .... 495

for the contingent expenses of the commissioners of prisons, 503
for the travelling expenses of the commissioners of prisons

and the secretary thereof, 503

for the expenses of the trustees of the state primary and re-
form schools, 504

for rebuilding state workhouse at Bridgew^ater, . . 598, 620
Aqueduct ("ompany, Lynn, may sell supply of fresh water to any

other city or town, 348

Arms Library, in Shelburue, certain property to be exempt from taxa-
tion, 414

Art, industrial, in the common schools, encouragement of, . . 609
Art school, state normal, time for transfer of land on Back Bay for

use of, extended, ......... 416

Art school, state normal, estate in Boston to be leased for use of, . 610

Ashburnham, town of, water supply for, 496

Ashwood Cemetery Association in Weymouth, incorporated, . . 379

Assessment of taxes, relating to, 363

Assessments, sewer, redemption of real estate sold for non-payment of, 430
Assessors of taxes, returns and copies of books to be deposited in

office of secretary of the Commonwealth, .... 399
Assessors, masters in chancery and special masters, compensation to

be paid by the county, 506

Assessors and overseers of the poor in towns, election of, . . 500

Association, Ashwood Cemetery, in Weymouth, incorporated, . . 379

Gettysburg Battlefield Memorial, allowance to, ... 614

Lowell Young Men's Christian, may hold additional estate, . 573

Associations, co-operative saving fund and loan, name changed to

co-operative banks, . . . . . . . . . 403

As5'lum, Boston Female, annual meeting and number of managers, . 365

Attendance of witnesses before special tribunals, .... 494

Attleborough, town of, water supply for, ...... 474

Attleborough, school district number eighteen, proceedings in con-
firmed, 406

Attleborougli Water Supply District, proceedings confirmed, . . 399
Attorneys-at-law, women who] are, may be appointed to administer

oaths, etc., 555

vi Index.

Page

Ballots, when recount is to be made, parties interested to be notified, 364
Bank, Savings, Farmers' and Mechanics', of South rramingham,

incorporated, 434

Banks, co-operative, name established, 403

Banks, savings, time extended for selling certain real estate; exemp-
tion from taxation, 3G7, 536

may invest in bonds and notes of the Old Colonj- Eailroad

Company, 423

investments of, in stock of banks, limited, .... 499
insolvent, disposition of unclaimed moneys in hands of re-
ceivers of, 560

Barnstable Savings Bank, deed. of Daniel Scudder to, confirmed, . 442
Bay State Telephone Company, may increase capital stock, . . 525
Bell Telephone Company, American, maj' hold stock in certain cor-
porations, 495

Bells, may be rung by manufacturers to notify employes, with con-
sent of municipal authorities, 396

Berkshire County, meetings of the county commissioners, . . 374
Beverly Insurance Company of Beverly, name changed, and author-
ized to increase capital stock, 381

Bible Society, Massachusetts, may hold additional estate, . . . 366

Birds, undomesticated, relating to the taking and killing of, . . 362

Births, returns of, to be made monthly, by phj'sicians and midwives. 441
" Blue Book " edition of the laws, extra copies for the year 18S3 to

be printed, 619

Board of education, to examine and report concerning instruction

in industrial drawing in the common schools, . . . 609
Board of health, lunacj' and charity, to report annually to legisla-
ture number of prosecutions for adulteration of food, etc., 572
Board of health, lunacy and charity, disposal of sewage at the

state prison subject to approval of, . . . . .461

Boards of health, appeals from oi'ders passed by, .... 423
Boards of health, to notify state board of health, etc., of cases of

small-pox, 424

Boarding houses, penalty for intent to defraud keepers of, . . 490

Boarding houses, certain, to be provided with fire escapes, etc., . 554

Bonds and notes issued by railroad corporations, validity of, . . 348

Books in libraries, protection of, 393, 395

Boston, city of, police department, pensioning of members, . . 346

city of, municipal court, extra clerical assistance, . . . 366

city of, may take land for public institutions, .... 367
city of, sewer in Charlestown District may be laid by the city

of Somerville, 397

city of, municipal court of the West Roxbury district, salary

of justice, 409

Index. vii

Page

Boston, city of, may reconstruct Warren Bridge, .... 425

•city of, time for erection of librar}' building extended, . . 426

city of, may abate nuisance ; flats at Prison Point Bay, . . 428

city of, inspection of buildings in, ..... . 441

city of, penalty for use of unsafe elevators in, .... 466

city of, certain articles of furniture to be transferred to, . 616
Boston, proprietors of the meeting-house in HoUis Street in, may sell

and acquire real estate, 396

Boston Ecclesiastical Seminary, the trustees of the, incorporated, . 411

Boston Female As3ium, annual meeting and number of managers, . 365
Boston Produce Exchange, may assist relatives, etc., of deceased

members, 345

Boston and Colorado Smelting Company, may increase capital

stock, ........... 345

Boston and Lowell Railroad Corporation, may issue bonds and pur-
chase franchise, etc., of the Middlesex Central Railroad

Company, 372

Boston and Lowell Railroad Corporation, provisions affecting, . . 380
Boston, Winthrop and Point Shirley Railroad Company, may unite

with other roads 370

Boston'and Winthrop Railroad Company may unite with other roads, 370
Boston, Winthrop and Shore Railroad Company, name of united cor-
poration, 370

Boundaries of cities and towns bordering upon the sea, expenses in-
curred in relation to, provided for, 607

Boundary line between Massachusetts and Rhode Island established,
to take effect when similar act shall have been passed by

Rhode Island, 440

Boundary line between Massachusetts and Rhode Island, message of

the governor concerning, 704

Boundary line, of tide water between Massachusetts and the State of

Rhode Island and Providence Plantations, defined, . . 410
between Massachusetts and New Hampshire, commissioners

to replace monuments, etc., 608

Bounty for production of sugar beets and sorghum cane, . . . 491

Brewing Company, Phoenix, may manufacture ale, .... 495
Bridge, across Merrimack River in Tyngsborough, to be maintained

by the county of Middlesex, 405

across Taunton Great River, city of Taunton may build, . 400

Warren, may be reconstructed, or a new bridge built, . . 425

Bi'idgewater, state normal school at, nuisance to be abated, . . 573

state normal school, in favor of, C05

Bridgewater, state workhouse, allowance for steam boilers and pipes, 604

rebuilding provided for, 598, 620

Broadway Orthodox Congregational Society of Somerville, name

changed to Winter Hill Congregational Society, . . . 380

Broadway Congregational Church in Somerville, incorporated, . . 576

viii Index.

Page
Brockton, city of, commissioners of sinking funds, school committee

and assistant assessors, 423

Brockton Keal Estate and Improvement Company, message of tlie .

governor concerning, 758

Building Company, Essex County, incorporated, .... 501

Buildings, to secure means of escape from, in case of fire, . . 554

Buildings, inspection of, 554

Burial, removal and transportation of bodies for, of persons who

have died of small-pox, etc., ....... 415

Burial lot, right of interment of wife in, owned by her husband, . 572

recording conveyances of, 426

Byfleld, parish of, proprietors of the ministerial fund, may sell real

estate, 501

Cambridge, house of correction at, prison library for, . . . 359

Cambridge Railroad Company, may issue mortgage bonds, . . 3G2

agreements and leases confirmed, 369

Canton, town of, water supply for, 469

Cape Cod Historical Society, incorporated, 517

Cape Cod Ship Canal Company, incorporated, 5(51

Cemeteries, recording conveyances of lots in, 426

Cemetery Association, Ashwood, in Weymoutli, incorporated, . . 379

Cemetery, Proprietors of the Forest Hills, investment of funds, . 412
Cemetery, Pine Grove, remains of the dead in Whitinsville Burying

Ground may be removed to, 358

Central Massachusetts Railroad Company, new corporation may be

formed under name of, 374

Central Society in Worcester, trustees of parochial funds of, may

apply to S. J. C. for leave to convey church property, . . 597
Chair Company, Walter Heywood, may hold real estate in city of

New York, . . 493

Change of names in 1882, 786

Change of names in 1851, 1852 and 1853, 804

Charlton, town of, may pay a sohlier's bounty to Albert Knight, . 473
Children, employment of, in manufacturing and other establishments,

regulated, . 516

indigent and neglected, relating to, 522

neglected, relating to care and education of, . . . . 532

employment of minors and women, , 441

Children and aged women, Roxbury Home for, may hold additional

estate, 346

Church, Protestant Episcopal, society for relief of widows and

orphans of deceased clergymen of, may hold additional estate, 348
Cities, may regulate by ordinance sales of certain articles by hawkers

and pedlers, 462

Index. ix

Page

Cities and towns, legislative manual to be furnished to, . . . 368

having ten thousand inhabitants, to maintain evening schools, 467

limit of indebtedness ; term " net indebtedness " defined, . 416

relieved from support of criminal insane 431

bordering upon the sea, boundary lines of, expenses provided

for, 607

City of Boston, police department of, pensioning of members, . . 346

municipal court of, exti'a clerical assistance, .... 366

may take land for public institutions, 367

Charlestown District, sewer may be laid in, by the city of

Somerville, 397

may reconstruct Warren Bridge, 425

time extended for erection of library building in, . . . 426

inspection of buildings in, ........ 441

certain articles of furniture to be transferred by the governor

and council to, 616

municipal court of the West Roxbury district of the, salary of

justice, 409

may abate nuisance ; flats at Prison Point Bay, . . . 428

penalty for use of unsafe elevators in, 466

City of Brockton, commissioners of sinking funds, school committee

and assistant assessors, 423

City of Fall River, abatement of nuisance in, provided for, , . 529

may take a deed of land from Mary B. Young, .... 522

City of Fitchburg, may issue additional water scrip, .... 401

City of Haverhill, may construct wharf and bridge over Little River, 395
may establish a harbor line on Merrimack River, . . . 405
City of Lowell, may abate a nuisance, by discontinuance of Richard-
son Brook, .......... 427

City of Lynn, may supply Swarapscott with water, .... 347

may supply occupants of Hotel Nahant with water, . . . 597

water supply for, 557

may fix term of office of members of the fire department, . 358

City of New Bedford, salary of mayor, 361

may issue additional water bonds, 401

may build highway over tide waters of Acushnet River, and

take certain lands, ......... 468

City of Newburyport, may purchase stock in the Newburyport and

Amesbury Horse Railroad Company, 407

City of Newton, charter amended, 341

City of Northampton, established, 537

City of Salem, may take lands and flats in North River, . . . 485
City of Somerville, may construct a sewer in Charlestown District in

Boston, 397

town of Medford may lay water pipes in 342

may take water from water supply for Medford for certain

purposes, 342

X Index.

Page
City of Springfield, mayor to be ex officio member and chairman of

school committee, 357

City of Springfield and towns of West Springfield and Agawam

relieved from certain forfeitures, ...... 419

City of Taunton, city physician and board of health, .... 365

may construct bridge over Taunton Great lliver, . . . 400
may construct a way over land held by Taunton Lunatic Hos-
pital, ........... 556

City of Worcester, salary of the mayor, 357

Civil government, lists of national, state, district and county oflScers, 809
Claim of the Commonwealth, against the United States, Members of
Congress requested to procure payment of; agent may be
appointed to prosecute, ....... 611,615

Claim of Theodore E. Davis, message of the governor concerning, . 721

Claim of Walter Shanly, message of the governor concerning, . . 766
Clergymen of the Protestant Episcopal Church, Society for the relief

of widows and orphans of, may hold additional estate, . . 348

Clerks of towns may appoint tellers in town meetings, . . . 518

Clerks of senate and house of representatives, in favor of, . . 620

message of the governor concerning, 782

Coal, sale by measure regulated, 507

Coast defence, claim against the United States, . . . . .611

Coast defence loan sinking fund, disposition of surplus, . . . 399
Cochituate, Episcopal Methodist Society of, proceedings confirmed

and name changed, 524

Color-blindness of railroad employees, examination for, . . . 415
College, Massachusetts Agricultural, additional number of report of

trustees to be printed, 605

eighty free scholarships to be established, .... 616
College of Physicians and Surgeons of Boston may confer the degree

of Doctor of Medicine, 439

College, Williams, president and trustees may hold additional estate, 363
trustees of Chapter of the Zeta Psi Fraternity in, incorporated, 364
Commercial fertilizers, licenses to manufacturers and importers of, 359
Commissioner, special, for Mystic River Corporation, powers trans-
ferred to the harbor and land commissioners, . . . 523
Commissioner, insurance, to furnish, in December, blanks for returns

to be made by insurance companies, 360

books and papers of insolvent insurance companies to be

deposited with, 360

to compute upon a new basis, the amount necessary to rein-
sure outstanding risks of marine insurance companies, . 416
Commissioners, county, of Berkshire, time of holding meetings, . 374
Commissioners, harbor and land, to provide for removal of obstruc-
tions from tide waters, 569

Commissioners on inland fisheries may issue permits for fishing in

the tidal waters of Merrimack River, 414

Index. xi

Page

Commissioners of prisons, to dispose of sewage at state prison, . 461

Commissioners of public lands fund, relating to, ... . 394
Commissioners, railroad, to report concerning accommodation of

women and children in cars, . 610

to investigate and report concerning electric and other sig-
nals where highways cross railroads at gi'ades, . . . 614
Commissioners of savings banks, may extend time for sale of certain

real estate by savings banks, 367, 536

Commissioners, special, to administer oaths, take acknowledgment
of deeds, etc., women who are attorneys-at-law may be ap-
pointed, ........... 555

Common carriers, liabilit.y of, for transportation of certain bodies

for burial, 415

Common gaming houses, penalty for being present at games in, . 413

Common schools, encouragement of industrial art in, . . . 609

Concord, town of, may make an additional water loan, . . . 402

Concord Railroad Corporation, provisions affecting, .... 380

Congregational Publishing Society, The, name changed, . . . 348
Congregational Sunday School and Publishing Society, The, name

established, 348

Connecticut River, transportation of logs and other timber upon, . 484

Constitution, proposed amendment to, 621

Contested elections, reports of cases of, repeal of resolve for publi-
cation of 602

Conveyance of lots in cemeteries, recording of, .... 426
Co-operative saving fund and loan associations, to be hereafter

known as co-operative banks 403

Corporations, to make returns of acceptance or rejection of certain

acts and resolves, 404

Corporations, insolvent, disposition of unclaimed moneys in hands

of receivers, 560

Corporations, railroad, validity of bonds issued by, .... 342

Costs, under the trustees process, concerning, ..... 873
Costs, double, may be awarded when appeal or exceptions are

frivolous or intended for delay, 513

Cottage City, town of, water supply for, 420

County Commissioners of Berkshire, time of holding meetings, . 374

County taxes, basis of apportionment of, 381

County taxes granted 611

Court, district, of Eastern Middlesex, second, clerk to be appointed, 402

of Hampshire, terms of court and salary of justice, . . 392

of Hampshire, clerk to be appointed, 394

of Plymouth, first, salary of clerk, 370

Court, nuinicipal, of the city of Boston, extra clerical assistance for, 366
of the West Roxbury district of the city of Boston, salary of

justice, . . . .' 409

Court, police, of Gloucester, salary of clerk, 368

Index.

Court, superior, gi-anted jurisdiction in equity, ....
Court, superior, of the county of Suffolk, salary of messenger of tiie

justices,

Courts, supreme judicial and superior, any justice of, may comp

attendance of witnesses before special tribunals, .
Criminal cases, examinations and trials in, before a trial justice,
Criminal insane, to be supported by the Commonwealth, .
Crossings, railroad grade, to promote safety at, .

subject of signals at, to be reported upon, by the railroad

commissioners, ........

Curtin, Catherine, widow of Michael Curtin, to receive state aid,

510

368

494
467
431
412

614
604

Damages sustained by laying out, etc., highwaj^s, payment of, where

persons have separate interests in the propertj' damaged, . 555

Danvers, state lunatic hospital at, in favor of, . . . . 606, 617

Davis, Theodore E., in favor of, 613

message of the governor concerning claim of, . . . . 721
Deacon house estate in Boston, to be leased for use of the normal

art school, 610

Deed of Daniel Scudder to the Barnstable Savings Bank, confirmed, 442
Deer, penalty for hunting or killing, in counties of Barnstable or

Plymouth, 462

Deerfleld, town of, water supply foi', 533

Degree of Doctor of Medicine, not to be conferred by medical

societies unless specially authoi'ized by law, .... 576
may be conferred l)y the College of Physicians and Surgeons

of Boston, 439

Depositions, relating to the taking of, 490

Deposits made by foreign insurance companies with the treasurer of

the Commonwealth, 406

Disabled soldiers' employment bureau, allowance to, . . . . 609
Diseases, dangerous, liability of common carriers for transportation

of bodies for burial of persons dying of, ... . 415
Disorderly conduct on steamboats and other public conveyances,

punisliment for, 404

District Court of Eastern Middlesex, second, clerk to be appointed, 402

of Hampshire, terras of court and salary of justice, . . 392

of Hampshire, clerk to be appointed, 394

of Plymouth, first, salary of clerk, 370

Dividends, of insolvent insurance companies and of insolvent savings

banks to be covered into the treasury, 606

Dividends, unclaimed, in insolvency, relative to, .... 531

Drugs, adulteration of, 572

IinjEX. xiii

Page
East Boston Eailway Dock and Elevator Companj-, time extended

for completion of orj^anization, etc 524

East Weymouth Water Company, incorporated, ..... 442
Eastern Junction, Broad Sound Pier and Point Shirley Railroad

Company, may unite with other roads, ..... 370

Easton, Ames Free Library of, incorporated, ..... 398

Ecclesiastical Seminary, Boston, the trustees of the, incorporated, . 411

Education of neglected childi'en, 522, 532

Education, board of, to examine and report concerning instruction

in industrial drawing in the common schools, . . . 609

Election of assessors and overseers of the poor in towuis, . . 500

Elections, recount of ballots, 364

tellers at, may be appointed, 518

contested, reports of cases of, repeal of resolve for publica-
tion of, 602

Elcctricit}^ for tlie purpose of lighting, transmission of, . . . 508
Elevator Company, East Boston Railway Dock and, time extended

for completion of organization, ...... 524

Elevators, unsafe, to pi'event the use of, 466

Employees, raih'oad, examination for color-blindness, . . . 415
responsibility of railroad corporations for negligently causing

death of, 532

Employment of children in manufacturing, mechanical or mercantile

establishments, . . . . . . . . .516

of minors and women in manufacturing, etc., establish-
ments, 144

of prisoners, number to be employed in certain industi-ies,

limited, 506

Employment bureau, disabled soldiers, allowance to, . . . . 609

English sparrows, may be taken or killed, 362

Equity jurisdiction, original and concurrent with S. J. C, granted

to the superior court, 510

Escapes, fire, to be supplied for hotels, boarding houses, manufactur-
ing establishments, etc., 554

Essex, salary of judge of probate and insolvenc.v for county of, . 532

Essex County Building Company, incorporated, . .... 501

Estates and polls of the cities and towns, established, . . . 381

Evangelical Religious Society in Wayland, proceedings confirmed, . 458
Evening school, to be maintained in each city and town having ten

thousand inhabitants 467

Examinations and trials in criminal cases befoi-e trial justices, . . 467
Exchange, Boston Produce, may assist relatives, etc., of deceased

members, 345

Exhibition, American, of foreign productions, arts and manufactures.

encouragement of, 603

xiv Index.

Page

Exhil)itiou of the New England Manufacturers' and Mechanics' In-
stitute, allowance for entertainment of distinguished guests

at, 618

of foreign productions, arts and manufactures, committee
appointed to co-operate with managers ; allowance for
expenses, G19

Experiment station, agricultural, report to be made annuall}' to the

state board of agriculture, 406

Eye and Ear Inflrmary, Massachusetts Charitable, allowance to, . 601

Fall River, city of, may take a deed of land from ^lary B, Young, . 522

abatement of nuisance in, provided for. 529

Fares, railroad, when collected on a train, not to be more than ten

cents in excess of taritt" rates, ...... 360

Farmers' and Mechanics' Savings Bank of South Framingham, in-
corporated, .......... 434

Father Matthew Temperance Benefit Society of Lawrence, charter

amended, 430

Feeble-minded, Massachusetts School for, name established, . . 525

Fees of witnesses and officers at inquests, 373

Female Asylum, Boston, annual meeting and number of managers, . 365

Fertilizers, commercial, licenses to manufacturers and importers of, 359
Fire Assurance Company, Mutual, of Springfield, may insure personal

property, 366

Fire District Number One of Greenfield, may increase its water supply, 533

Fire escapes, for hotels, boarding houses, tactories, etc., . . . 554

First district court of Plymouth, salary of clerk, .... 370
Fisheries, inland, commissioners on, may issue permits for fishing in

the tidal waters of Merrimack Eiver, 414

Fisheries, in Acushnet River, in the town of Acushnet, may be reg-
ulated by the town, 473

in North River in the county of Plymouth, regulated, . . 393
Fishing, in the Merrimack River, " shiners" may be taken for bait

during the months of November and December, . . . 359
in tidal waters of Merrimack River, permits for, may be issued

by commissioners on inland fisheries, 414

Fitchburg, city of, may issue additional water scrip 401

Florida, town of, granted land for a school, 508

Food and drugs, adulteration of, 572

Foreign insurance companies, deposits made with the trea.surer of

the Commonwealth, 406

Foreign mining, quarrying and oil companies, taxation of, . . 392

Foreign productions, American exhibition of, . . . . 603, 619

Forest Hills Cemetery, Proprietors of, investment of funds, . . 412

Framingham, state normal school at, in favor of 017

InDKX. XV

I'ilgC

Franklin, town of, water supply for, ....... 479

Franklin Water Conipany, incorporated, 479

Fund, commissioners of public lands, relating to, ... . 394

Galvin, John M., allowance for work done on the Hoosac Tunnel, . 618
Game, killing of deer in Plymouth and Barnstable counties pro-
hibited, 462

English sparrows may be taken or killed, 362

Gaming houses, common, penalty for being present at games in, , 413
Gas Light Company, Maiden, Medford, and Melrose, name restored

to the Maiden and Melrose Gas Light Company, . . . 501

Gettysburg Battlefield Memorial Association, allowance to, . . 614

Gloucester, police court of, salary of clerk, 368

Gloucester harbor, portion of line changed, 408

Governor, address of, to the legislature, ...... 628

messages to the legislature, . ... . . . 692-783

Grade crossings, railroad, to promote safety at, 412

Grade crossings of railroads by highways, subject of signals at, to

be reported npon, l^y the railroad commissioners, . . 614
Great Northern Railroad Company, charter revived, and time ex-
tended for corporations to avail themselves of I'ights granted, 380
Greenfield, town of, water supply for, ...... 533

Hampshire, district court of, terms of court and salary of justice. . 392

clerk to be appointed, . ' 394

Harbor line, in Gloucester harbor, changed, ..... 408
Harbor line along a portion of the water front of the city of Ilaser-

hill, on Merrimack River, may be established, . . - 405
Harbor and land commissioners, to provide for removal of obstruc-
tions from tide waters, 569

Harbor and land commissioners, to have powers and duties imposed

upon commissioner for the M.ystic River Corporation, . . 523

Haverhill, city of, may construct wharf and briilge over Little lvi\er, 395

may establish a harbor line on Merrimack River, . . . 405
Plawkers and pedlers, licenses may lie granted, without charge, to

persons over seventy years of age, ..... 412

cities may regulate sales of certain articles by, . . . 462

Health, boards of, appeals from orders passed by, .... 423

to notify state board, etc., of cases of small-po.K, . . . 424

to enforce law relative to the sale of poultry, .... 518

Health, lunacy and charity, board of, disposal of the sewage at state

prison subject to approval of, 461

xvi Index.

Page
Health, liinafv and chanty, board of. to report annually to legislature

number of prosecutions for adulteration of food, etc., . . 572
Hicks. Cyrus, town of Norton may receive certain money from, and

hold the same in trust, 533

Highways, laying out, etc., payment of damages sustained by, where

persons have separate interests in the propei'ty damaged, . 555

Hillside Agricultural Society, incorporated. 410

Hingham. town of, may take and fill the mill pond. .... 435

Hingham Water Company, provisions aftecting, 444

Hine, Charles C. may construct causeway and bridge in 'J'isbury, . 362

Historical Society, Cape Cod, incorporated. 517

Hollis Street in Boston, proprietors of the meeting-house in. may

sell and acquire real estate 3'JG

HoUistou, town of, i)ayment of liouuty to Peter McManamy, legal-
ized, ............ 342

Home for Aged Females in the city of Worcester, trustees of, may

hold additional estate ; bond of treasurer, .... .■53G

Home for Children and Aged Women, iioxbury, may hold additional

estate. 346

Home, Soldiers, in Massachusetts, allowance to trustees of, . . 608

Hoosac Tunnel, allowance to John M. Galvin for work done on, . 618

appropriation for completion of double tracking. . . . 462

concerning release of claim on, 616

Hopkinton, town of, may purchase bonds of the Hopkinton Kailroad

Company, and raise money for that purpose, . . . 528

Horse Railroad Company, Newburyport and Amesbury, city of New-

buryport may take additional stock in, iol

Hospital, lunatic, power to discharge or temporarily release inmates

from, may be conferred upon superintendent, . . . 393
Hospital, state lunatic, at Danvers, in favor of. . . . . 606, 617

at Taunton, in favor of 601

Hotels, boarding houses, etc., to be i>rovided with tire escapes, and

to have hulls and staircases provided Avith lights, . . . 554
Hours of labor, ten hours to constitute a day's labor for minors
under eighteen, and for women in mercantile, etc., estab-
lishments, ........... 441

House of correction at Plymouth, messages of the Governor con-

(^erning 741, 757, 760

House of Representatives, in favor of clerk of, 620

Hudson, town of, water supply for, 431

Immigration, supervision of, concerning, 601

Industrial art in the common schools, encouragement of. . . . 601)

Industrial statistics, distribution of abstract of, .... 600

Indigent and neglected children, relating to, 522

Index. xvii

P<ige
Inland fisheries, commissioners on, may issue permits for fishing in

the tidal waters of Merrimack Kiver. . . . . .414

Inquests, fees of witnesses and officers at, . . . . . . 373

Insane, criminal, to be supported by the Commonwealth, . . .431
Insane person, power to discharge or temporarily release from hos-
pital may be conferred upon superintendent, by vote of

trustees, 893

Insolvency, dividends unclaimed in, to be deposited in savings banks, 531
Insolvent corporations, disposition of unclaimed moneys in hands of

receivers of, 560

Insolvent Insurance companies, receivers to deposit books and papers

with insurance commissioner, ....... 360

certain dividends of, to be covered into the treasury. . . 606
Inspectors of buildings, to prevent the use of unsafe elevators, and

enforce laws relating to fire escapes, .... 466, 554

Inspection of buildings in Boston, ...... 441. 466

Inspection of vinegar, relating to. 560

Insurance commissioner, to furnish in DecemVjer, blanks for returns

to be made by insurance companies, 360

to compute upon a new basis the amount necessaiy to reinsure
outstanding risks of marine insurance companies, . . 416

Insurance Company, Beverly, name changed to the Merchants' In-
surance Company in Boston, aud may increase capital, . 381
Massachusetts Hospital Life, may hold additional real estate. . 373

Mei'chauts' of Boston, name established, 381

Mutual Fire Assurance Company of Springfield, may insure

personal property against loss by fire, 366

Insurance companies, examination of. message of the Governor con-
cerning 732

authorized to transact business in this state, not to reinsure iu

companies unauthorized, etc. , 360

foreign, deposits made with tlie treasurer of the Common-
wealth, 406

insolvent, disposition of unclaimed moneys in hands of re-
ceivers of, 560

insolvent, books and papers to be deposited with connnissioner

by receivers, 361

fire, not to insure in any one town, etc., in excess of assets

available for losses in the state, except dwelling houses, etc.. 360
certain fire and marine, may insure against tempests on laud, 361
Insurance department, concerning administration of, ... 523

Interment, right of wife to, in burial lot owned by her husband, . 572
International Trust Company, may accept trusts under wills, etc., . 509
Intoxicating liquors, applications for and granting of licenses to sell, 400
Investigation of departments and linreaus, message of the governor

concerning, 756

Investments of savings banks in stock of banks, limited. . . . 499

xviii Index.

Piige

Judicial department, . . ... . . . . . . 827

Jurisdiction in equity, granted to the superior court 510

Justice of the peace, James Keith, acts contirined, .... 005
Juvenile ort'enders, proceedings in the trial of; board of health, lunacy

and charity to be notified, 409

Keith, James, acts done by, as justice of the peace, confirmed, . . 605

Knight, Albert, town of Charlton may pay a soldier's bounty^ to, . -1:73

Labor, employment of children in manufacturing establishments, . 516
Labor, honrs of, in mercantile, etc., establishments, ten hours to con-
stitute a day's labor for minors under eighteen, and for

women, 441

Land granted for a school in town of Florida, 508

Laud of the Commonwealth in the town of Rowe, may be sold or

leased, etc 614

Land on the Back Bay, in Boston, for the use of the state normal art

school, time for transfer of, extended, 41G

Land in Sherborn, granted to Patty Vose, 619

Lands, Maine, records, etc., of, to be kept in office of the secretary

of the Commonwealth, . . . ... . . . 403

Lawrence, city of. Father Matthew Temperance Benefit Society in,

charter amended, ......... 430

Laws, Provincial, additional uuml)er to be printed, .... 617

Legislative manual, to be furnished to cities and towns-, . . . 368

Legislature, messages of the governor to, 692-783

address of the governor to, 628

Leominster, town of, may renew its water bonds, .... 596
Libraries, protection of books, etc., in ..... 393, 395

Library, for jail and house of correction at Cambridge, authorized, . 359

Library, Ames Free, of Easton, incorporated, 398

Arms, in Shelburne, certain property to be exempt from taxa-
tion, ............ 414

Library building, time extended for the erection of, l)y the city of

Boston, 426

Licenses, for hawking and peddling, may be granted, without fee, to

persons over seventy years of age, 412

to sell intoxicating liquors, applications for and granting of, . 400
to manufacturers and importers of connnercial fertilizers, . 359
Life Insurance Company, Massachusetts Hospital, may hold addi-
tional real estate, 373

Index. xix

Page
Liquors, intoxicating, applications for and granting of licenses to

sell, 400

Little River, city of Haverhill may construct wharf and bridge over,, 39")
Loan and trust companies, l)ill relating to, to be reported to the next

general court, G04

Logs and timber, transportation of, upon the Connecticut River, . 484
Lowell, city of, may abate a nuisance by discontinuance of Richard-
son Brook, . . 427

Lowell Spool and Bobbin Company, name established, . . . 473
Lowell Wood Turning Company, name changed to "Lowell Spool

and Bobbin Company " 473

Lowell Young Men's Christian Association, may hold additional

estate, ........... 573

Lunatic hospital, state, at Danvers, in favor of, .... GOG, G17

Lunatic hospital, state, at Taunton, in favor of, . . . . . 601

Lynn, city of, water supply for 557

may supply Swampscott with water for fire purposes, . . 347

may supply occupants of Hotel Nahant with water, . . . 597

may fix terra of office of meml^ers of fire department, . . 358
Lynn Aqueduct Company, may sell supply of water to any otiier city

or town, 348

Madigan, Ellen, allowance to, 607

Maine lands, records of, to be kept in the office of the secretary of

the Commonwealth, ........ 403

Maiden, Medford and Melrose Gas Light Company, name restored to

the Maiden and Melrose Gas Light Company, . . .501
Malicious mischief, punishment for defacing town meeting warrants.

etc 441

Manual, legislative, to be furnished to cities and towns, . . . 368
Manufticturers, etc., may notify workmen by ringing bells, etc., with

approval of selectmen, etc., 396

Manuf;icturing Company, Renfrew, may increase capital stock anil

hold additional real estate, 492

Manufacturing estal)lishments, to be provided with fire escapes, . 554

employment of minors and women in, ..... 441

employment of children in, ....... 51G

Marblehead, town of, water supjily for, 453

Marblehead Water Company, incorporated, 453

Marine insurance companies, amount necessary to re-insure out-
standing risks of, to be computed upon a new basis, . . 416
Marlborough, town of, may issue additional water bonds, . . . 347
Massachusetts Agricultural College, grant to, eighty free scholar-
ships to be established, 616

message of the goveruor concerning, 704

XX Index.

Page
Massachusetts Agricultural College, additional number of report of

trustees to be printed, G05

Massachusetts Board of Agriculture, additional copies of report. . G17
Massachusetts Bible Society, may hold additional estate. . . . ;j6ft
Massachusetts Central Railroad C<jnipauy, time extended for location
and construction, preferred stock may be issued and new-
corporation formed, 374

Massachusetts Charitable Eye and Ear Intirmary, allowance to, . 601
Massachusetts Hospital Life Insurance Company, maj-hold additional

real estate, 373

Massachusetts School for Idiotic ami Feeble-Minded Youth, name

changed to the Massachusetts School for the Feeble-Minded, 525
Masters in chancery and special masters, compensation to be paid by

the county, 500

McManamy, Peter, payment of bounty to, by town of Holliston.

legalized, 342

Measure, sale of coal by, regulated, 507

Measures, unlawful, to prevent the use of, 516

Medford, town of, to lay water pipes in city of Somerville. . . 342
to supply the city of Somerville with water for certain pur-
poses, 342

Medical societies, not to confer degrees uidess specially autiiorized

by the legislature, 576

Melrose Orthodox Congregational Society, proceedings coutirmed, . 508

Mercantile, etc., establishments, emj^loyment of children in. . . 516

Merchants' Insurance Company of Boston, name established, . . 381
Merrimack River, permits for tishing in tidal waters of, may be

issued by the commissioners on inland fisheries, . . .' 414
'• shiners " may be taken for bait during the months of Novem-
ber and December, 350

bridge across, at Tyngsborough, to be maintained l)y tlie

county of Middlesex, 405

harbor line at Haverhill, may be established, .... 405
Messages of the Governok :

Pardons granted, 1882, 692

Wrecks and other obstructions to navigation, .... 702

Rhode Island boundary 704

Agricultural College, . 704

Union Safe Depo.sit Vaults, 7u6. 745

Appropriations for charitable and reformatory institutions. . 707

Somerville Wharf and Improvement Company, . . . 717

Claim of Theodore E. Davis, 721

Jurisdiction of notaries public 723

State almshouse at Tewksbury. 725. 748, 760

Ocean Terminal Railroad, Dock and Elevator Company. . . 726

Examination of insurance companies, ...... 732

Resolution of the legislature of Tennessee, .... 734

IXDEX. Xxi

Page
MKSSAGf;s OF THE GovKKXOK — Concluded.

Election of aldermen in the city of Bo:ston, .... 734

House of correction at Plyniontli 741, 757, 7G0

Newton Associates, 751

Investigation of departments and bureaus 756

Bi'ockton Real Estate Improvement Company, .... 758
Bill authorizing certain corporations to hold ^\■ater for sale anil

to sell the same to other corporations, ..... 761

Claim of Walter Shanly, 766

State tax, 769

Adjournment of the legislature. 772

Destruction of the State workhouse by tire 77S

Resolve in favor of the clerks of the Senate and House of

Repi'esentatives 782

Messenger of the justices of tlie superior court in the county of

Suffolk, salary established, 368

Methodist Episcopal Society of Cochituate, name estal)lished ; may

sell real and personal estate '. . 524

Middlesex Central Railroad Company, may sell franchise and prop-
erty to the Boston and Lowell Railroad Corporation. . . 372
Middlesex, eastern, second district court of, clerk to be appointed, . 402
Middlesex County, sheriff may purchase books for a library for house

of correction at Cambridge 359

to maintain bridge o\'er Merrimack River in the town of

Tyngsborough. 405

Middlesex Railroad Company, agreements and leases contirmed, . 369
Midwives. to make return of births monthly, to clerks of cities and

towns, ........... 441

Milford, town of, may erect a memorial liall. and liorrow money

therefor 413

Milk, adulteration of, enforcement of the laws against, . . . 572

Mills, Newton, charter revived, and doings made valid, . . . 343

Mining, quarrying and oil companies, foreign, taxation of, . . 292
Minoi's under eighteen, and women in mercantile and mechanical
establishments, not to be employed more than ten hours

each day, 441

Ministerial Fund in the parish of Bytield, pi'oprietors of, may sell

real estate, 501

Missionary Society, Woman's Baptist, name changed to Woman's

Baptist Foreign Missionary Society 364

Moderators and town clerks, may appoint tellers in town meetings, . 518

Monson, state primary school at, in favor of, ..... 605

Montague, town of, proceedings at annual meeting contirmed, . . 466

Mortgages of personal property, recording of, 391

Municipal corporations, to make returns of acceptance or rejection

of certain acts and resolves, ....... 404

Municipal indebtedness, term •' net indebtedness " defined, . . 416

xxu

Index.

Page

Municipal Court, of the city of Boston, extra clerical assistance for, ;J(i6

of the West Roxbury district of the city of Boston, salary

of justice, 409

Murphy, Timothy, granted an annuity, GOT

Mutual Fire Assurance Company, of Springtield, may insure personal

propertj' against loss by fire, ....... 366

Mj'^stic River Corporation, powers of commissioner for, transferred

to the harbor and land commissioners, 523

Names changed in 1882, 786

Names changed in 1851, 1852, and 1S53, 804

Nahant, town of, Lynn Aqueduct Company may sell water to, . . 348

water supply for, 424

Nahant Hotel, water suppl.y for, ........ 597

Nashua and Lowell Railroad Corporation, provisions attesting, . . 380
Nashua and Rochester Railroad may unite with tlie Worcester and

Nashua Railroad Company, 417

Natick, town of, may supply town of Wellesley with water, . . 572

National Tube Works Company, may increase capital stock, . . 363

Naukeag Water Company, incorporated, 496

Neglected children, relating to the care and education of, . . 522,532

" Net indebtedness," the term defined, 416

New Bedford, city of, salary of mayor, ...... 361

may issue additional water bonds, ...... 401

may build highway across tide watei's of Acushnet River and

take certain lands, ......... 468

New England Manufacturers' and Mechanics' Institute, exhil)itiuu,

allowance for entertainment of distinguished guests, . . 61S

New Hampshire boundary line, monuments to be replaced, . . 60S
Newburyport, city of, may purchase stock in the Newburyport and

Amesbury Horse Railroad Company, 407

Newburyport and Amesbury Horse Railroad Company, city of New-
buryport may take additional stock in, 407

Newton, city of, charter amended, 343

Newton As.sociates, messages of the governor concerning, . . 751

Newton Mills, charter revived, and doings made valid, . . . 343

Normal art school, state, concerning, 416, 610

Normal school, state, at Bridgewater, nuisance at, to be abated, . 573

at Bridgewater, in favor of, 605

at Westfleld, in favor of, 612

at Framingham, in favor of, ....... 617

North Adams, town of, water supply lor, 487

North Adams Fire District, water supply for, ..... 487

North .'Vdams Water Company, sale of franchises, etc., confirmed, . 487

Nox'th Attleborough Water Company incorporated, .... 474

Index.

XXlll

Pine

North Attleborough Water Company, may issue bonds,
North Brookfield, town of, allowance to, ....
North River in the town of Plymouth, fisheries regulated, .
Northborough, town of, may make additional water loan, .
Northbridge, certain remains of the dead in, may he removed to

Grove Cemetery,

Norton, town of, allowance to,

may receive and hold certain property in trust, .

Northampton, city of, established,

Norwich and Worcester Railroad Company, may hold stock iu com-
pany running steamboats in connection with its road to New

York City,

Notaries public, message of governor concerning jurisdiction of,
Notices, legal, punishment for defacing, ....
Nuisance, in city of Boston, may he abated,

ill city of Fall River, abatement provided for, .

in city of Low'ell, nuiy be abated, ....

at State Normal School, at Bridgewater, to be abated.

Page
476
G1.5
393
414

358
602
533
537

347
723
441
428
529
427

Obstructions in tide waters, removal of, provided for,

message of the governor concerning, ....

Ocean Terminal Railroad, Dock and Elevator Company, message of

governor concerning,

Offenders, juveuile, proceedings iu the trial of, .

Officers and witnesses at inquests, fees established, .

Oil companies, taxation of foreign mining, quarrying and.

Old Colony Railroad Company, bonds and notes of, savings banks

may invest in,

Overseers of the poor in towns, election of, ....

Owens, John, to receive state and militai'y aid, ....

569
702

726
409
373
392

423
500
604

Palmer, town of, water supply for,

Palmer Water Company, incorporated, ....

Pardons granted in 1882,

Parish of Byfleld, ministei-ial fund in, proprietors of, may sell

estate, .........

Pedlers, cities may regulate sales of certain articles ])y,
Pedlers' licenses, may be granted, without fee. to persons

seventy years of age,

Pepperell, town of, allowance to,

Personal property, recording mortgages of, .
Phtt'uix Brewing Company, may manufacture ale,

real

463
463
692

501
462

412
602
391
495

xxiv Index.

Page
Physiciaus aud michvives, to make return of births, monthly, to city

and town clerks, 441

Physicians aud surgeons, college of. may confer degree of Doctor of

Medicine, 439

Pickering, Mark, granted an annuity, GOT

Pilgrim Society, may hold additional estate. 340

Pine Grove Cemetery, remains of the dead in Whitinsville Burying

Ground, may be removed to 358

Plymouth, town of, act authorizing inhabitants of, to choose bonrd

of health, etc., repealed, 381

Plymouth, first district court of, salary of clerk, .... 370
Plymouth, house of correction at, messages of the governor concern-
ing, 741. 7.57, 760

Plymouth County, North Eiver in, fisheries regulated, . . . 393

Police court of Gloucester, salary of clerk, 368

Police department of the city of Boston, pensioning members of, . 346

Police, railroad and steamboat, tenure of office, 379

Polls and estates of the cities and towns, established. . . . 381
Potter, Richman H., widow of, to receive his pay as a member of the

legislature, 619

Poughkeepsie, Hartford and Boston Railroad Compan.v, provisions

att'ecting 378

Poultry, not to be .sold until properlj^ dressed, etc., .. . . . 518

Powovv Hill Water Company, incorporated, 446

Primary school, state, at Monson, in favor of, ..... 605

Prison, state, disposition of sewage, 461

in favor of, 615, 619

Prison for women, reformatory, office of treasurer and steward,

abolished, 574

for protection against tire at, ...... . 613

Prisoners, employment of, in certain industries, number limited, . 506
Prisoners, committed to the state lunatic hospital, to be supported by

the Commonwealth 431

Probate and insolvency, salary of judge of, for county of Essex, . 532
Produce Exchange, Boston, may assist relatives, etc., of deceased

members, ........... 345

I'roprietors, of the Meeting-House in Hollis Street in Boston, may

sell and acquire real estate, 396

of the Ministerial Fund in the Parish of Bylidd. may sell real

estate, ........... .")01

of Forest Hills Cemeteiy, investment of funds, . . . 412

Provincial laws, additional number to be printed, .... 617

Prushau Rubber Company, name changed, 517

Public administrators, payment of funds received from, by the trea.s-

urer of the Commonwealth, 573

Public conveyances, punishment for disorderly conduct on, . . 404

Public lands fund, commissioners of, relating to, ... . 394

Index. xxv

Page
Publishing House, Universalist, may aid cevtaiii religious organiza-
tions, 397

Quannapovvitt Water Company, contract witli town of Stoneliam,

confirmed, 397

name changed to the Wakefield Water Company; may issue

lionds, ........... 425

Quarrying companies, foreign, taxation of .392

Quincy, town of, water supply for, 449

Quincy Water Company, incorporated, 449

Railroad cars, accommodation of women and children in, . . . GIO
Railroad commis.sioners, to investigate and report concerning sig-
nals where highways cross railroads at grade. . . . (U4
may order gates to be erected where railroad crosses a high-
way at grade, 412

Railroad corporations, validity of bonds issued by. .... 342

liability for transportation of certain bodies for burial, . . 415

responsibility for negligently causing death of employees, . 532

Railroad emploj-ees, examination for color blindne.ss, . . . 415

Railroad fares, when collected on a train, not to be more than ten

cents in excess of tariff rates, 3fi0

Railroad grade crossings, to promote safety at, 412

subject of signals at, to be reported upon by the railroad com-
missioners G14

Railroad and steamboat police, teiuire of office 379

Railroads and other public conveyances, punishment for disorderly

conduct on, 404

Railko.\d Corpor.\tions :

Boston and Lowell Railroad, may issue bonds, and purchase

franchise, etc., of the Middlesex Central Railroad, . . 372

Boston and Lowell Railroad, provisions att'ecting, . . . 380

Boston and Winthrop Railroad, may unite with other roads, . 370

Boston, Winthrop and Sliore Railroad, united corporation, etc.. 370
Boston, Winthrop ami Point Shirley Railroad, may unite witli

otlier roads, .......... 370

Cambridge Railroad, may issue mortgage bonds, . . . 3G2

Caml:)ridge Railroad, agreements and leases confirmed, . . 3G9
Central Massachusetts Railroad. neAV corporation may be

formed under name of, 374

Concord Railroad, provisions afl'ecting, 380

Eastern Junction, Broad Sound Pier and Point Shirley Rail-
road, may unite with other roads, 370

xxvi IXDEX.

Page
Kaii.koau Coui'Oit.vTioxs — Concluded.

Great Northern Railroad, charter revived and time extended
for corporations to avail themselves of riijhts granted, . 380

Hopkinton Railroad, town of Hopkinton, may purchase bonds
of, 528

Massachusetts Central Hailroad, preferred stock may be issued
and new corporation formed under name of Central Massa-
chusetts Railroad Company, 374

Middlesex Railroad, agreements and leases confirmed. . . SCO

Middlesex Central Railroad, may sell franchise, etc., to Boston
and Lowell Railroad, 372

Nashua and Lowell Railroad, provisions affecting, . . . 380

Nashua and Rochester Railroad, concerning 417

Newbviryport and Amesbury Horse Railroad, city of Newbury-
port may take additional stock in, 407

Norwich and Worcester Railroad, may hold stock in company
running steamboats in connection with its I'oad to New York
city, 347

Old Colony Railroad, ))onds and notes of, savings banks may
invest in, • . . . . 423

Ponghkcepsie, Hartford and Boston Railroad, provisions
affecting, . . . . ^ 378

Somerville Horse Railroad, charter extended, .... 361

Soraerville Horse Railroad, agreements and leases confirmed, 3G9

Troy and Greenfield Railroad, release to be obtained from, for
its claim upon the Troy and Greenfield Railroad and Hoosac
Tunnel, GIG

Troy and Greenfield Railroad and Hoosac Tunnel, api)ropria-
tion for completing double track of, .... . 462

Worcester and Nashua Railroad, may unite with the Nashua

and Rochester Railroad, 417

Railway Company, Uuion, agreements and leases confirmed, . . 369
Railway Dock and Elevator Company, East Boston, time for com-
pletion of organization extended, 524

Rand, Avery & Compa:ny, allowance to, 606

Readville Rubber Company of Hj'de Park, name established, . .517
Real estate, redemption of. sold for non-payment of sewer assess-
ments, 430

sale of, by cities and towns, held under a sale or taken for
non-paj'ment of taxes, ........ 404

of savings banks acquired by foreclosure; of mortgage, etc..

time for selling extended, 3G7, 536

Receivers, of insolvent insurance companies, to deposit books and

papers with insurance commissioner, . . . . .361

of certain insolvent corporations, disposition of unclaimed

moneys in hands of, 560

Recording conveyances of lots in cemeteries, 426

Index. xxvii

Page

Recording mortgages of personal property, 391

Recount of ballots, parties interested to be notified of time and

place, etc., 3G4

Redemption of real estate sold for non-payment of sewer assess-
ments, ........... 430

Reformatory prison for women, office of treasurer and steward of,

abolished, ........... 574

protection against fire at, 613

Religious societies. (See Societies.)

Renfrew ]\Ianufacturing Company, may increase capital stock and

hold additional real estate, ....... 41)2

Re-insurance of outstanding risks of marine insurance companies, . 416

Re-insurance, not to be effected in companies unauthorized to trans-
act business in this State, 3G0

Reports of cases of contested elections, repeal of resolves for pub-
lication of, 602

Resolution, relative to the termination of certain ai'ticles of the

treaty of Washington, 623

relative to the French spoliation claims, ..... 623
concerning the employment of convict labor upon the works

or property of the United States, 623

relating to the resolutions of the forty-second Congress cen-
suring the Hon. Oakes Ames, 624

Rhode Island and Providence Plantations, State of, boundary line of

tide water between Massachusetts and, defined, . . . 410

Rhode Island boundary line established, 440

message of the governor concerning, 794

Richardson Brook, may be discontinued by the city of Lowell, . 427

Rowe, town of, land of the Commonwealth in, may be sold or

leased, 614

Roxbury Home for Children and Aged Women, may hold additional

estate, 346

Ru))ber Company, Prushan, name changed to Readville Rubber Com-
pany of Hyde Park, 517

Saint Paul's Methodist Church, Lowell, Mass., name established, . 556

Salary, of the clerk of the First District Court of Plymouth, . . 370

of the clerk of the police court of Gloucester, . . . 368

of the judge of probate and insolvency for the count}- of

Essex, 532

of the justice of the district court of Hampshire, . . . 392
of the justice of the municipal court of the West Roxbury

District of the city of Boston, 409

of the messenger of the justices of the superior court in the

county of Suflblk, 368

xxviii Index.

Page

Salary, of the secretary of the board of agriculture, .... 485

of the mayor of the city of New Bedford, . . . .361

of tlie mayor of the city of Worcester, 357

of the third clerk of the secretary of the Commonwealth, . 366

Sale by unlawful measures, 516

Sale of coal by measure, regulated, 507

Sale of dressed poultry, regulated, 518

Sales by hawkers and peddlers may be regulated by ordinance in

cities, 462

Salem, city of, may take lands and flats in North River, . . . 485

Salisbury, town of, water supply for, 446

Savings Bank, Barnstable, deed of Daniel Scudder to, confirmed, . 442

Farmers' and Mechanics' of South Framingham, incorporated, 434
Savings banks and institutions for savings, investments of, in stock

of banks, limited, 499

time extended for selling certain real estate ; exemption from

taxation, 367, 536

may invest in bonds and notes of the Old Colony Railroad

Company, 423

insolvent, disposition of unclaimed moneys in hands of re-

ceiA'ers of, .......... 560

Saving fund and loan associations, co-operative, to be knoAvn as co-
operative banks, 403

Sawin, John William Robert, granted an annuity, .... 608
School for Idiotic and Feeble-Minded Youth, Massachusetts, name

changed to the Massachusetts School fortlie Feeble-Minded, 525

School, state normal, at Bridgewater, nuisance at, to be abated, . 573

at Bridgewater, in favor of, 605

at Framingham, in favor of, 617

at Westfield, in favor of, 612

School, state normal art, time for transfer of land on Back Bay for

use of, extended, 416

estate in Boston, to be leased for use of, 610

School, state primary, at Monson, in favor of, 605

School, attendance at, of children employed in manufacturing,

mechanical and mercantile establishments, .... 516
School District Number Eighteen, in Attleborough, proceedings

confirmed, 406

Schools, common, encouragement of industrial art in, . . . 609
Schools, evening, to maintained in each city and town having ten

thousand inhabitants, 467

Scudder, Daniel, deed of, to the Barnstable Savings Bank, con-
firmed, 442

Second District Court of Eastern Middlesex, clerk to be appointed, 402
Secretary of the Board of Agriculture, salary of, ... . 485
Secretary of the Commonwealth, returns to, of acceptance or rejec-
tion of certain acts and resolves, 404

Index. x.tix

Page

Secretary of the Commonwealth, salary of third clerk, . . . 366
may grant peddler's license, without fee, to person over

seventy 3'ears of age, 412

returns and copies of valuation books to be deposited in office

of, 399

Selectmen of towns may authorize manufactui'ers to ring bells,

etc., to notify their workmen, 396

Seminar}', Boston Ecclesiastical, the ti-ustees of the, incorporated, . 411

Senate, in favor of clerk of, 620

Sewage, of the State prison, disposition of, 461

Sewer assessments, redemption of real estate sold for non-payment

of, 430

Shanly, Walter, message of the governor concerning claim of, . . 766

Sharon, town of, water supply for, 469

Sharon Water Company, incorporated, 469

Shelburne, Arms Library in, certain property to be exempt from

taxation, 414

Sherborn, land in, granted to Patty Vose, 619

Ship Canal Company, Cape Cod, incorporated, 561

Sinking fund, coast defence loan, disposition of surplus, . . . 399
Small-pox, cases of, to be reported to state board of health by local

boards, 424

Small-pox, diphtheria, etc., transportation of bodies of persons for

burial who have died of, 415

Smelting Company, Boston and Colorado, may increase capital

stock, 345

Social and industrial statistics of the Commonwealth, distribution of

abstract of, 6C0

Societies, medical, not to confer degrees unless specially authorized

by law, 576

Societies :

Broadway Orthodox Congregational of Somerville, name

changed, 380

Broadway Congregational Church in Somerville, incorporated, 576
Central, in Worcester, trustees of parochial funds of, may apply

to S. J. C. for leave to convey church property, . . . 597

Cape Cod Historical, incorporated, 517

The Congregational Publishing, name changed to The Congre-
gational Sunday School and Publishing Society, . . . 348
Evangelical Religious, in Wayland, proceedings confirmed, . 458
Father Matthew Temperance Benefit, of Lawrence, charter

amended, 430

Hillside Agricultural, incorporated, 410

Massachusetts Bible, may hold additional estate, . . . 366
Methodist Episcopal of Cochituate, name established ; may

sell estate, 524

Melrose Orthodox Congregational, proceedings couflrmed, . 508

XXX Index.

Page
SociKTiES— Concluded.

riliiriin, may hold additional estate, 346

Saint Paul's Methodist Church, Lowell, Mass., name estab-

lishetl, ........... 556

Winter Hill Congregational, name established, . • . 380

Woman's Baptist Missionarj-, name changed, .... 364

Woman's Baptist Foreign MissionarJ^ name established, . 364
Union Religious of Weymouth and Brainti'ee, may transfer

grounds to the Ashwood Cemetery Association, . . . 379
for the relief of Widows and Orphans of deceased clergymen
of the Protestant Episcopal Church, may hold additional

estate, 348

Soldiers' employment bureau, disabled, allowance to, . . . 609

Soldier's Home in Massachusetts, allowance to trustees of, . . 608

Somerville, Broadway Cong'l Church in, incorporated, . . . 576
Somerville, Broadway Orthodox Congregational Society of, name

changed 380

Somerville, city of, water pipes may be laid in, by the town of Med-

ford, . 342

may take water from Medford water supply, for certain pur-
poses, 342

may lay a sewer in Charlestown District in Boston, . . 397

Somerville Horse Railroad Company, charter extended, . . . 361

agreements and leases confirmed, 369

Somerville Wharf and Improvement Company, message of the gov-
ernor concerning, 717

Sorghum cane, bounty for production of, 491

South Abiugton, town of, water supply for, 436

South Framingham, Farmers' and Mechanics' Savings Bank of, incor-
porated, ... 434

Sparrows, English, may be taken or killed, 362

Special commissioner's to administer oaths and to take depositions
and the acknowledgment of deeds, women who are attor-

neys-at-law may be appointed, 555

Spencer Water Company, may hold additional estate, . . . 346
Springfield, city of, mayor to be ex officio member and chairman of

school committee, 357

relieved from certain forfeitui-es, 419

Springfield Mutual Fire Assurance Company, may insure personal

property, ........... 366

State almshouse at Tewksbury, in favor of, 612

appointment of superintendent and resident physician, . . 599

messages of the governor concerning, . . . 725, 748, 760

State house, allowance for repairs and improvements at, . . . 618

State normal school at Bridgewater, nuisance to be abated, . . 573

at Bridgewater, in favor of, 605

at Framingham, in favor of, 617

Index. xxxi

Page

State normal school at Westfleld, in favor of, 612

State normal art school, estate in Boston to be leased for use of, . 610

time for transfer of land for use of, extended 416

State primary school, at Monson, in favor of, 605

State prison, disposition of sewage 461

in favor of, 015, 619

State tax, apportioned and assessed, 581

message of the governor concerning, 769

State taxes, basis of apportionment of, ...... 381

State workhouse at Bridgewater, allowance for steam boilers and

pipes, 604

destrojed bj' fire, message of the governor concerning, . . 778

to be rebuilt, 598, 620

State workhouse, located at Westborough, 599

Statistics, social and industrial, of the Commonwealth, distribution

of abstract of, 600

Steamboat and railroad police, tenure of office, 379

Steamboats and other public conveyances, punishment for disorderly

conduct on, 404

Stoneham, town of, contract with Quaunapowitt AYater Company,

confirmed, 397

may pay certain bounties to soldiers and their heirs, . . 411

Stoughton, town of, water supply for 469

Sugar beets, bounty for production of, 491

Superior court, justice may compel attendance of witnesses before

special tribunals, 494

jurisdiction in equity granted to, 510

in the county of Suffolk, salary of messenger of the justices, . 368
Supreme judicial court, justice may compel attendance of witnesses

before special tribunals, ........ 494

Swampscott, town of may be supplied with water for fire purposes

by the city of Lynn, 347

Taunton, city of, city physician and board of health, .... 865

may construct bridges over Taunton Great River, . . . 400
may construct a way through hind held by the trustees of the

Taunton Lunatic Hospital, 556

state lunatic hospital at, in fiivor of, . . . . . . 601

Tax, state, apportioned and assessed, 581

message of the governor concerning, 709

Taxation, exemption from, of certain real estate held by savings

banks, 367, 536

Taxation of foreign mining, quarrying and oil companies, . . . 392

Taxes, assessment of, relating to, 363

XXXll

Index.

Taxes, assessors of, returns and copies of books to be depositecl in
office of the secretary of the Commonwealth,
sale of real estate by cities and towns held under a sale or for

non-payment of,

county, granted,

state and county, basis of apportionment established.
Telephone Company, American Bell, may hold stock in certain cor-
porations,

Bay State, may increase capital stock,

Tellers in town meetings, maybe appointed by moderators and town

clerks,

Temperance Benefit Society, Father Matthew, of Lawrence, charter
amended, . . . . . . . . . . .

Ten hours to constitute a day's labor for minors under eighteen, and
women in mercantile and mechanical esta1)lishments, etc., .
Tennessee, resolution of the legislature of, relating to the commem-
oration of the one hundredth anniversary of the inaugura-
tion of President Washington, transmitted, ....

Tide waters, removal of wrecks and other obstructions from, .

message of the governor concerning,

Tisbury, town of, bridge across tide water in, maybe built by Charles

C. Hine

Town clerks and moderators may appoint tellers in town meetings, .
Town meeting warrants and papers posted in compliance with law,

penalty for defacing

Towns, election of assessors and overseers of the poor in.

Towns, cities, etc., limit of indebtedness ; term " net indebtedness "

defined,

Towns and cities bordering upon the sea, boundary lines of, expenses

provided for,

Towns and cities, legislative manual to be furnished to, .

relieved from support of criminal insane,

having ten thousand inhabitants, to maintain evening schools,
Towns :

Acushnet, may regulate taking of shad, etc., in Acushnet

River, •

Agawam relieved from certain forfeitures, .

Amesbury, water supply for,

Ashburnham, water supply for, .

Attleborough, water supply for, .

Canton, water supply for, ....

Charlton, may pay a soldier's bounty to Albert Knigl

Concord, may make an additional water loan

Cottage Citj', Avater sujjply for, .

Deertield, water supply for,

Florida, granted land for a school,

Franklin, water supply for,

ht,

Page

399

404
611
381

495
525

518

430

441

734

569
702

3G2
518

441

500

416

607
368
431
467

473
419
446
496
474
469
473
402
420
533
508
479

Index. xxxiii

Page
Towns — Concluded.

Greenfield, water snpply for, 533

Hingham, may take and fill the Mill Pond, .... 435

HoUiston, payment of bounty to Peter McManamy legalized, . 342
Hopkintou may purchase bonds of the Hopkinton Railroad

Company, and raise money for that purpose, . . . 52S

Hudson, water supply for, 431

Leominster, may renew water bonds, 596

Marblehead, water supply for, 453

Marlborough, may issue additional water bonds, . . . 347

Medford may lay water pipes iu Somerville, .... 342
Medford to supply city of Somerville with water for certain

purposes, 342

Milford may erect a memorial hall, and borrow money therefor, 413

Montague, proceedings at annual meeting confirmed, . . 4^(1

Nahaut, water supplj^ for, 348, 424

Natick may supply town of Wellesley with water, . . . 572

North Adams, water supply for, 487

North Brookfield, allowance to, 615

Norton may receive and hold certain property in trust, . . 533

Norton, allowance to, 602

Northborough may make an additional water loan, . . . 414

Palmer, water supply for, 463

Pepperell, allowance to, 602

Plymouth, act authorizing inhabitants of, to choose board of

health, etc., repealed, 381

Quiucy, water supply for, 449

Rowe, land of the Commonwealth in, may be sold or leased, . 614

Salisbur^r, water supply for, 446

Sharon, water supply for, 469

South Abington, water supply for, 436

Stoneham may pay certain bounties to soldiers and tlieir heirs, 411

Stoneham, water supply for, 397

Stoughton, water supply for, 469

Swampscott, water supply for, 347

Tyngsborough relieved from maintenance of bridge, . . 405

Wakefield, water supply for, 397

Waltham may lay out a higliwaj'^ through a cemetery, . . 419

Wellesley, water supply for, 458, 572

West Springfield relieved from certain forfeitures, . . . 419

Westfield maj' issue new water bonds, 391

Weymouth, water supply for, 442

Winthrop may build a bridge across tide water, . . . 430

Transmission of electricity for the purpose of lighting, . . . 508
Transportation of bodies for burial, of persons who have died of

small-pox, diphtheria, etc., 415

Transportation of logs and other timber upon tiie Connecticut Uiver, 484

xxxiv Index.

Page
Treasurer of the Commonwealth, deposits made with, by foreigTi in-
surance companies, 40G

may employ an additional clerk, 458

payment by, of funds received from public administrators, . 573
may borrow money in anticipation of the revenue, . . . 600
Treasury, covering into, amounts standing to credit of accounts of
dividends of insolvent insurance companies and savings

1>anks, 60G

Trial of juvenile offenders, relative to, 409

Trials in criminal cases before trial justices, 4G7

Troy and Greenfield Raili-oad and Hoosac Tunnel, appropriation for

completing double track, 4G2

Troy and Greenfield Railroad Company, release to be obtained from,
of its claim upon Troy and Greenfield Railroad and Hoosac

Tunnel, GIG

Trust companies, loan and, bill in relation to, to be reported to the

next General Court, 604

Trust Company, International, may accept trusts under wills, etc., . 509
Trustee process, if during pendency of, trustee is sued, court may

make order as to costs, 373

Trustees of the Chapter of the Zeta Tsi Fraternity in Williams Col-
lege, incorporated, 364

Trustees of the Home for Aged Females in the city of Worcester,

may hold additional estate ; bond of treasurer, . . . 53G
Trustees of the Methodist Episcopal Church at Saint Paul's Station

in Lowell, name changed and proceedings confirmed, . . 556
Tube Works Company, National, may increase capital stock, . . 363
Tyngsborough, town of, relieved from support of bridge over Merri-
mack River, 405

Unclaimed dividends in insolvency, relative to, 531

Union Railway Company, agreements and leases confirmed, . . 369
Union Religious Society of Weymouth and Braintree, may transfer

grounds to Ashwood Cemetery Association, .... 379
Union Safe Deposit Vaults, messages of the governor concerning, 706, 745
United States, claim against, to be prosecuted, etc., . . . 611, 615
payment of agent for prosecuting claim against, . . . 613
Uuiversalist Publishing House, may aid certain religious organiza-
tions, 397

Valuation, basis of apportionment of taxation, 381

Valuation, books relating to, 363, 399

A^inegar, inspection of, 560

Vose, Patty, grant of land in Sherborn to, 619'

Index. xxxv

Page

Wakefield Water Company, name established, 425

Walter Hej^wood Chair Company may hold real estate in the city of

New York, 493

Waltham, town of, may lay out and construct a town way through a

cemetery, ........... 419

War records in adjutant-general's department, to be completed, . 603
Warrants, town meeting, and other papers posted in compliance with

law, penalty for defacing, 441

Warren bridge may be reconstructed, or a new bridge built, . . 425
Water, bill authorizing certain corporations to hold, for sale and to
sell the same to other corporations, message of the governor

concerning, . . .761

Water bonds, the East Weymouth Water Company may issue, . . 445

Franklin Water Company may issue, 482

city of Fitchburg may issue additional, 401

Greenfield Fire District may issue, 533

town of Leominster may renew, ...... 596

IVIarbleliead Water Company may issue, ..... 453

town of Marlborough may issue additional, .... 347

Kaukeag Water Company may issue, 496

city of New Bedford may issue additional, .... 401

North Attleborough Water Company may issue, ... . 476

Palmer Water Company may issue, 4G3

Powow Hill Water Companj^ may issue, ..... 448

Quincy Water Company may issue, 456

Sharon Water Company may issue, 472

Wakefield Water Company maj' issue, ..... 425

town of Westfleld may issue, 391

Water Company, East Weymouth, incorporated, .... 442

Franklin, incorporated, ........ 479

]\Iarblehead, incorporated, . 453

Naukeag, incorporated, 496

North Adams, purchase of franchise by fire district, confirmed, 487

North Attleborough, incorporated 474

Palmer, incorporated, 463

Powow Hill, incorporated, 446

Quannapowitt, contract with town of Stoneham, confirmed, . 397

Quannapowitt, name changed ....... 425

Quincy, incorporated, ......... 449

Shai'on, incorporated, ........ 469

Spencer, may hold additional estate, 346

Wakefield, name established, 425

Water loan, additional, may be made by the town of Concord, . . 402

may be made by the town of Hudson, 431

may be made by the city of Lynn, ...... 558

xxxvi Index.

Page

Water loan may be made by North Adams Are district, . . . 489

maj' be made by the town of South Abini!;ton, .... 436

additional, may be made by the town of Northboroiigh, . . 414

Water scrip may be issued by city of Fitcliburg, .... 401

Water Supply :

for towns of Amesbury and Salisbury, 446

for town of Ashbnrnham, 496

for town of Attleborough, 474

for town of Canton, 469

for town of Cottage City, 420

for town of Deerfield, 533

for town of Franklin, 479

for town of Greenfield, 533

for town of Hudson, 431

for city of Lynn, 557

for town of Marblehead, 453

for town of Nahant, 348, 424

for occupants of Hotel Nahant, 597

for town of North Adams, 488

for town of Palmer, 463

for town of Quincy, 449

for town of Sharon, . • 469

for town of South Abington, 436

for toivn of Stoneham, 397

for tow^n of Stoughtou, 469

for town of Swampscott for fire purposes, .... 347

for town of Wakefield, 397

for town of Wellesley, 458, 572

for town of Weymouth, 442

Water Supply District, Attleborough, proceedings confirmed, . . 399

Wayland, Evangelical Religious Societj^ in, proceedings confirmed, 458

Wellesley, town of, water supply for, 458, 572

West Iloxbury district of the city of Boston, municipal court of,

salary of justice, 409

West Springfield, town of, relieved from certain forfeitures, . . 419

Westborough, state workhouse located at, 599

Westfield, town of, may issue new water bonds, 391

Westfield, state normal school at, in favor of, 612

Weymouth, Ashwood Cemetery Association in, incorporated, . . 379

Weymouth, town of, water supply for, 442

White, Henry J., allowance to, 610

Whitiusville Burying Ground, remains of the dead in, may be re-
moved to Pine Grove Cemetery, 358

Widows and Orphans of deceased clergymen of the Protestant Epis-
copal Churcli, Society for relief of, may hold additional

estate 348

Index. xxxvii

Page
Wife, has the right of interraeut in burial lot of which her husband

was seized at any time during coverture, .... 572

Williams College, president and trustees may hold additional estate, 363
Williams College, Trustees of the Chapter of the Zeta Psi Fraternity

in, incorporated, 364

Winter Hill Congregational Society, name established, . . . 380

Winthrop, town of, may build a bridge across tide water, . . . 430

Witnesses before special tribunals, attendance may be enforced, . 494

Witnesses and officers at inquests, fees established, .... 373
Woman's Baptist Missionary Society, name changed to Woman's

Baptist Foreign Missionary Society 3G4

Women, reformatory prison for, office of treasurer and steward

abolished, 574

protection against fire at, 613

Women who are attorneys-at-law, may be appointed commissioners

to administer oaths, take acknowledgment of deeds, etc., . 555
Women in mercantile and mechanical establishments, not to be em-
ployed more than ten hours each day, 441

Worcester, city of, salary of ma3'or, ....... 357

Worcester, Central Society in, trustees of parochial funds may

apply to S. J. C. for leave to convey church property, . . 597
Worcester and Nashua Railroad Company may unite with the

Nashua and Rochester Railroad, 417

Workhouse, state, at Bridgevvater, allowance for steam pipes and

boilers, 604

rebuilding of, provided for, 598, 620

destroyed by fire, message of the governor concerning, . . 778

Workhouse, state, located at Westborough, 599

Wrecks and other obstructions in tide waters, removal of provided

for, 569

message of governor concerning, 702

Young, Mary B.. deed of land from, for a high school, may be taken

by city of Fall River, 522

Young Men's Christian Association, Lowell, may hold additional

estate 573

Zeta Psi Fraternity, trustees of the chapter of the, in Williams Col-
lege, incorporated, 364

APPENDIX.

The followinjj tables have been prepared by Franklin F. Heard,
Esq., appointed to that duty under Chap. 238 of the Acts of 1882,
which authorized the Governor to appoint some person to prepare
'* tables showing what general statutes have been affected by subse-
quent legislation, in such manner as to furnish ready reference to
all chanses in such statutes."

A TABLE SHOWING WHAT STATUTES OF THE COMMON-
WEALTH, AND WHAT CHAPTERS OF THE PUBLIC
STATUTES, HAVE BEEN AFFECTED BY THE
LEGISLATION OF 1883.

STATUTES OP THE COMMONWEALTH.

ST. IS 74.

CHAPTER 372.

AN ACT CONCERNING THE BONDS OF RAILROAD CORPORATIONS.

Sect. 49. Bonds and notes issued without having been approved and
certified, not to be invalid. St. 1883, c. 7, § 1.

ST. 1881.

CHAPTER 44.

AN ACT TO REGULATE THE TAKING OF FISH IN NORTH RIVER IN THE
COUNTY OF PLYMOUTH.

St. 1883, c. 76, is an act in addition to this act.

Sect. 4. Amended. St. 1883, c. 76, § 2.

ST. 1882.

CHAPTER 77.

AN ACT TO PROVIDE FOR THE CUSTODY OF BOOKS AND PAPERS OF
INSOLVENT SAVINGS BANKS.

Sect. 1. Amended. St. 1883, c. 258, § 2.

CHAPTER 106.

AN ACT IN RELATION TO THE TAXATION OF FOREIGN MINING, QUAR-
RYING AND OIL COMPANIES.

Sect. 4. Amended. St. 1883, c. 74.

xlii Public Statutes.

CHAPTER 130.

AN ACT TO PERMIT WOMEN TO PRACTICE AS ATTORNEYS AT LAW.

Maj' be commissioned as special commissioners to administer oaths, etc.
St. 1883, c. 252.

CHAPTER 212.

AN ACT TO ESTABLISH AN AGRICULTURAL EXPERIMENT STATION.

Tlie board of control shall report annually to the state board of agri-
culture. St. 1883, c. 105.

CHAPTER 263.
AN ACT RELATING TO THE ADULTERATION OF FOOD AND DRUGS.
Sect. 5. Amended. St. 1883, c. 2G3, § 1.

CHAPTER 274.

AN ACT CONCERNING TRANSPORTATION OF LOGS AND TIMBER UPON
THE CONNECTICUT RIVER.

Sect. 2. Repealed. St. 1883, c. 183, § 3.

ST. 1883.

CHAPTER 52.

AN ACT TO EXTEND THE TIME WITHIN WHICH SAVINGS BANKS AND
INSTITUTIONS FOR SAVINGS MAY SELL CERTAIN REAL ESTATE
NOW HELD BY THEM.

St. 1883, c. 248, is an act in addition to this act.

PUBLIC STATUTES.

CHAPTER 1.

OF THE JURISDICTION OF THE COMMONWEALTH AND PLACES CEDED
TO THE UNITED STATES.

An act to define the boundary line of tide water between the Coramon-
Avealth of Massachusetts and the State of Rhode Island and Providence
Plantations. St. 1883, c. 113.

An act establishing a portion of the boundary' line between the Common-
wealth of Massachusetts and the State of Rhode Island. St, 1883, c. 154.

Table of Changes. xliii

CHAPTER 3.

OF THE STATUTES.

Sect. 1. An act requiring municipal or other corporations to make re-"
turns of the acceptance or failure to accept, certain acts and resolves. St.
1883, c. 100.

CHAPTER 4.

OF THE PRINTING AND DISTRIBUTION OF THE LAWS AND FUBLIC

DOCUMENTS.

Sects. 9, 10. Amended. St. 1883, c. 55, § 1.

CHAPTER 7.
OF THE MANNER OF CONDUCTING ELECTIONS AND RETURNING VOTES.

Sects. 9 et seq. Moderators and town clerks may appoint tellers to
aid them. St. 1883, c. 229.

Sects. 36, 52. Contesting candidates may be present at recount of
ballots. St. 1883, c. 42.

CHAPTER 11.

OF THE ASSESSMENT OF TAXES.

Basis of apportionment of state and county taxes during the decade end-
ing in the year 1892, established. St. 1883, c. 71.

Sect. 52. Amended. St. 1883, c. 41, § 1.

Sect. 53. Amended. St. 1883, e. 41, § 2.

Sects. 54, 55. Returns and copies of valuation books to be deposited
in the office of the Secretary of the Commonwealth. St. 1883, c. 91.

CHAPTER 12.

OF THE COLLECTION OF TAXES.

Sect. 58. Time extended within which real estate taken for taxes may
be sold. St. 1883, c. 101.

CHAPTER 13.

OF THE TAXATION OF CORPORATIONS.

Sect. 20. Time extended to savings banks, for sale of certain real
estate. St. 1883, c. 248.

CHAPTER 15.

OF THE EXECUTIVE DEPARTMENT AND THE SECRETARY OF THE

COMMONWEALTH.

Sect. 10. Salary of thii-d clerk established, St. 1883, c. 48, § 1.

xliv Public Statutes.

CHAPTER 16.

OF THE AUDITOR, TREASURER, AND MATTERS OF FINANCE.

Sect. 17. An act authorizing the treasurer of the Commonwealth to
employ an addiiional clerk. 8t. 1883, c. 1G4.

CHAPTER 18.

OF NOTARIES PUBLIC AND COMMISSIONERS TO ADMINISTER OATHS
OF OFFICE AND TO TAKE ACKNOWLEDGMENTS OF DEEDS, ETC.

Women who are attorneys-at-lawmay be appointed special commissioners
to administer oaths and take depositions and acknowledgments. St. 1883,
c. 252.

CHAPTER 19.
OF THE BOARD OF HARBOR AND LAND COMMISSIONERS.
Sect. G. An act to provide for the removal of wrecks and other obstruc-
tiuns from tide waters. St. 1883, c. 260.

CHAPTER 20.

OF THE STATE BOARD OF AGRICULTURE.

Sect. 4. An act to establish the salary of the secretary of the board
of agriculture. St. 1883, c. 184.

CHAPTER 22.

OF COUNTIES AND COUNTY COMMISSIONERS.
Sect. 15. Repealed in part. St. 1883, c. 63, § 2.

CHAPTER £6.
OF MEDICAL EXAMINERS.
Sect. 25. Amended. St. 1883, c. 61.

TITLE YII.

OF TOWNS AND CITIES.

An act requiring municipal or other corporations to make returns of the
acceptance or failure to accept certain acts and resolves. St. 1883, c. 100.

CHAPTER 27.
OF TOWNS AND TOWN OFFICERS.

Sects. 44-49 inclusive. These sections, as far as applicable, shall apply
to lines for the transmission of electricity for the purpose of lighting. St.
1883, c. 221.

Sects 65, 69. Repealed, and new sections substituted. St. 1883, c. 203.

Table of Changes. xlv

CHAPTER 29.
OF MUNICIPAL INDEBTEDNESS.
Sect. 2. The term " net indebtedness" defined. St. 1883, c. 127.

CHAPTER 32.

OF THE REGISTRY AND RETURN OF BIRTHS, MARRIAGES AND

DEATHS.

Sect. 5. Amended. St. 1883, c. 124, § 1.
Sect. 7. Amended. St. 1883, c. 158.

CHAPTER 44.

OF THE PUBLIC SCHOOLS.

An act for the establishment and maintenance of evening schools. St.
1883, c. 174.

CHAPTER 47.

OF THE ATTENDANCE OF CHILDREN IN THE SCHOOLS.

Sect. 1. No person is exempted from the requirements of this section by
St. 1883, c. 174, entitled, " An Act for the establishment and maintenance of
evening schools." St. 1883, c. 174, § 3.

CHAPTER 48.

OF THE EMPLOYMENT OF CHILDREN, AND REGULATIONS RESPECTING

THEM.

Sect. 1. Amended. St. 1883, c. 224, § 1.
Sect. 19. Amended. St. 1883, c. 245.

CHAPTER 49.

OF THE LAYING OUT AND DISCONTINUANCE OF WAYS. AND OF
DAMAGES OCCASIONED BY THE TAKING OF LAND FOR PUBLIC USES.

Sect. 18. Amended. St. 1883, c. 253.

CHAPTER 50.
OF SEWERS, DRAINS, AND SIDEWALKS.
Sect. .5. Amended. St. 1883, c. 145.

CHAPTER 58.

OF THE INSPECTION AND SALE OF PROVISIONS, AND ANIMALS IN-
TENDED FOR SLAUGHTER.

An act concerning the sale of dressed poultry. St. 1833, c. 230.

xlvi Public Statutes.

CHAPTER CO.

OF THE INSPECTION AND SALE OF VARIOUS ARTICLES.

Commercial Fertilizers.

Sect. 17. Repealed. St. 1883, c. 29.

Vinegar.

Sect. 69. Amended. St. 1883, c. 257, § 1.

Sect. 71. Provision for compensation of inspector. St. 1883, c. 257, § 2.

Coal.

Sect. 72. An act to regulate the sale of coal by measure. St. 1883,
c. 218.

CHAPTER 65.
OF WEIGHTS AND MEASURES.
An act to prevent the use of unlawful measures. St. 1883, c. 225.

CHAPTER 68.
OF HAWKERS AND PEDLERS.

Pedlers' licenses may be granted without fee to an}' person seventy years
of age or upwards. St. 1883, c. 118.

Sects. 1, 2. Any city ma}-, by ordinance, make regulations respecting
the sale of articles enumerated in this section. St. 1883, c. 168.

CHAPTER 74.

OF THE EMPLOYMENT OF LABOR.

Sect. 4. Amended so as to include " mechanical or mercantile" estab-
lishments. St. 1883, c. 157.

CHAPTER 80.

OF THE PRESERVATION OF THE PUBLIC HEALTH.

State Board.

Shall report to the Legislature the number of prosecutions and an ac-
count of money expended iu carrying out the provisions of St. 1882, c. 263.
St. 1883, c. 263, § 2.

Town and City Boards of Health.

Sect. 78. Local boards shall notify state board of cases of small-pox.
St. 1883, c. 138, § 1.

Sect. 83. City or town shall forfeit expense if notice is not given. St.
1883, c. 138, § 2.

Sect. 88. Amended. St. 1883, c. 133.

Table of Chan^ges. xlvii

CHAPTER 82.

OF CEMETERIES AND BURIAL.

Secp. 3. An act giving to a wife the right of interment in a burial
lot or tomb owned b}' her husband. St. 1883, c. 262.
Sect. 6. Amended. St. 1882, c. 142, § 1.

CHAPTER 84.
OF THE SUPPORT OF PAUPERS BY' CITIES AND TOWNS.
Sect. 21. Amended. St. 1883, c. 232, § 1.

CHAPTER 86.
OF ALIEN PASSENGERS AND STATE PAUPERS.

Sect. 16. An act concerning the appointment of superintendent and
resident physician at the state almshouse. St. 1883, c. 278.

Sect. 28. Repealed. St. 1883, c. 239, §§ 5. 7.

Sect. 44. Amended. St. 1883, c. 232, § 2.

Sect. 46. As amended bj^ St. 1882, c. 181, applies to the St. Mary's
Infant Asylum. St. 1883 c. 232, § 3-

CHAPTER 87.

OF LUNACY AND INSTITUTIONS FOR LUNATICS.

Discharge of Lunatics.

Sects. 40 et seq. Inmates of lunatic hospitals ma}' be discharged by the
superinlendeut, who mav also grant leave of temporary absence. St. 1883,
c. 78.

Sect. 56. Repealed in part. St. 1883, c. 239, § 7.

CHAPTER 89.

OF THE STATE PRIMARY AND REFORM SCHOOLS, AND THE VISITA-
TION AND REFORMATION OF JUVENILE OFFENDERS.

Sect. 20. Amended. St. 1883, e. 110.

CHAPTER 91.

OF INLAND FISHERIES.

An act to authorize the commissioners on inland fisheries to issu-e per-
mits for fisliing in the Merrimaclc River. St. 1883, c. 121.

Sects. 36-39, inclusive. These sections do not apply to an act entitled,
" An Act relative to fishing in the Merrimack River," St. 1.SS3, c. 31.

Sects. 58, 59, An act to regulate the taking of fish in the Acushnet
River in the town of Acushnet. St. 1883, c. 180.

xlviii Public Statutes.

CHAPTER 92.

OF THE PRESERVATION OF CERTAIN BIRDS AND OTHER ANIMALS.

Sect. 6. Amended. St. 1883, c. 36. English sparrows may be taken
or killed.

Sect. 8. An act for the preservation of deer within the counties of
Plymouth and Barnstable. St. 1883, c. 169.

CHAPTER 94.
OF TIMBER AFLOAT OR CAST ON SHORE.
Sect. 5. Amended. St. 1883, c. 183, § 1.

CHAPTER 97.

OF WRECKS AND SHIPWRECKED GOODS.

An act to provide for the removal of wrecks and other obstructions from
tide waters. St. 1883, c. 260.

CHAPTER 99.

OF GAMING.

Sect. 10. Amended. St. 1883, c. 120. Includes persons present at
games, etc.

CHAPTER 100.

OF INTOXICATING LIQUORS.

Sect. 5. St. 1883, c. 93, relates to applications for, and the granting of,
licenses.

CHAPTER 102.

OF LICENSES AND MUNICIPAL REGULATIONS OF POLICE.

Innholders and Common Victualleks.

Sect. 13. The provisions of this section appl^- to boarding houses.
St. 1883, c. 187, § 1.

CHAPTER 103.

OF DISTRICT AND OTHER POLICE OFFICERS.

Salaries and expenses. St. 1883, c. 190.

Sect. 15. Amended. St. 1883, c. 65.

Sects. 17, 18, 19. An act to punish persons guilty of disorderh' con-
duct on steamboats and other public conveyances. St. 1883, c. 102.

Table of Changes. xlix

CHAPTER 104.
OF THE INSPECTION OF BUILDINGS.

An act to provide against the use of unsafe elevators. St. 1883, c. 173.

Secis. 15, 16, 17, 18. An act to secure better provisions fjr escape
from hotels and certain other buildings in case of fire. St. 1883, c. 251.

Sect. 22. The penalty prescribed in this section applies to St. 1883,
c. 251.

TITLE XV.

OF CORPORATIONS.

An act requiring municipal or other corporations to make returns of the
acceptance, or failure to accept certain acts and resolves. St. 1883,
c. lUO.

CHAPTER loa.

OF COMPANIES FOR THE TRANSMISSION OF INTELLIGENCE BY

ELECTRICITY.

Sects. 16, 18. An act relative to the transmission of electricity for the
purpose of lighting. St. 1883, c. 221.

CHAPTER 112.
OF RAILROAD CORPORATIONS AND RAILROADS.

Sect. 62. Bonds and notes issued without having been approved and
certified, not to be invalid. St. 18S3, c. 7, § 1.

Sects. 148-155 inclusive. Extended. St. 1883, c. 259, § 12.

Sect. 150. Amended. St. 1883, c. 259, § 12.

Sect. 166. Gates and flagmen at railroad grade-crossings, maybe or-
dered by railroad commissioners. St. 1883, c. 117.

Sect. 179. Amended. St. 1883, c. 125. A single examination only
for color-blindness is required.

Sect. 180. An act in relation to raiU-oad fares. St. 1883, c. 32.

Sect. 212. Amended. St. 1883, c. 243.

CHAPTER 115.

OF ASSOCIATIONS FOR CHARITABLE, EDUCATIONAL, AND OTHER

PURPOSES.

Certain medical societies prohibited from conferring degrees. St. 1883,
c. 268, § 1.

1 Public Statutes.

chaptp:r 116.
of savings banks and institutions for savings.

The term " net indebtedness" defined. St. 1883, c. 127.

Sect. 20. Savings banks and institutions for savings may invest in
bonds or notes of the Old Colony Railroad. St. 1883, c. 134.

Sect. 20, cl. 4. An act to limit the investments of savings banks and
institutions for savings in the stock of banks and banking associations. St.
1883. c. 202.

Sect. 20, cl. 8. Exemption of savings banks under P. S. c. 13, § 20,
from taxation of real estate acquired by purchase under P. S. c. 116, § 20,
cl. 8, extended during term which it is held under St. 1883, c. 52. St.
1883, c. 248.

Sect. 44. Repealed. St. 1883, c. 258, § 3.

CHAPTER 117.

OF CO-OPERATIVE SAVING FUND AND LOAN ASSOCIATIONS.

Title. Amended. St. 1883, c. 98, § 2.

Sect. 3. Amended by St. 1883, c. 98, § 1, and the names of co-opera-
tive saving fund and associations changed bj' § 3.

CHAPTER 119.
OF INSURANCE COMPANIES AND INSURANCE.

An act relating to re-insurance and the risks and returns of insurance
companies, and the books of insolvent insurance companies. St. 1883,
c. 33.

Sect. 6. Amended. St. 1883, c. 235.

Sect. 11. Amount necessary- for re-insurance of outstanding risks to be
computed on a new basis. St. 1883, c. 126.

Sect. 30. Certain companies having capital stock of $300,000 are
authorized to insure against perils of tempests on land. St. 1883, c. 33,
§4.

Sect. 133. Risks on property other than dwelling-houses, etc. in any
one town or fire insurance district, shall not exceed net assets available
for payment of losses in this Commonwealth. St. 1883, c. 33, § 2.

Sect. 171. Receivers of insolvent companies shall within one year, etc.
deposit books, papers, etc. with insurance commissioner. St. 1883, c. 33,
§5.

Sect. 173. Repealed. St. 1883. c. 258, § 3.

Sect. 195. Re-insurance not to be effected in an}' company not
authorized to insure in this Commonwealth. St. 1883, c. 33, § 1.

Sect. 218. An act in relation to deposits made hj foreign insurance
companies with the Treasurer of the Commonwealth. St. 1883, c. 107.

Sect. 227. Blanks for returns to be furnished by the commissioner. St.
1883, c. 33, § 3.

Table of Changes. li

CHAPTER 131.
OF PUBLIC ADMINISTRATORS.
Sect. 18. Amended. St. 1883, c. 264.

CHAPTER 147.
OF CERTAIN RIGHTS AND LIABILITIES OF HUSBAND AND WIFE.
An act giving to a wife the right of interment in a burial lot or tomb
owned by her husband. St. 1883, c. 202.

CHAPTER 150.
OF THE SUPREME JUDICIAL COURT.
Sect. 2. In St. 1883, c. 223, §2, the phrase " full court " means the
supreme judicial court in banc.

Sect. 14. Amended and extended. St. 1883, c. 223, § 15.

CHAPTER 151.
OF THE SUPREME JUDICIAL COURT — EQUITY JURISDICTION.

Sect. 1. The superior court shall have original and concurrent juris-
diction wdth the supreme judicial court. St. 1883, c. 223, § 1.

Sects. 1, 2. Law and equit}- to be concnrreutly administered. St. 1883,
c. 223, §§ 14, 17.

Equitable claims and equitable defences allowed in actions at law. St.
1883, c. 223, § 14.

Sects. 1, 12, 27, 28, 30, 31, 33. The entire chapter, except these sec-
tions, applies to suits in equity in superior court. St. 1883, c. 223, § 2.

Sect. 2, No action or suit shall be defeated on the ground that
there is an adequate remedy at law, or that the relief souglit can onl}^ be
obtained by a suit in equity. St. 1883, c. 223, § 17.

Sect. 7. Certain allegations in the pleadings maybe omitted. St. 1883,
c. 223, § 10.

CHAPTER 152.
OF THE SUPERIOR COURT.

Sect. 4. An act granting jurisdiction in equity to the superior court.
St. 1883, c. 223.

Sect. 8. Removal of suits in equity, on affidavit, to the supreme judi-
cial court. St. 1883, c. 223, § 8.

CHAPTER 154.

OF POLICE, DISTRICT, AND MUNICIPAL COURTS.

Salaries.
Boston. St. 1883, c. 47.
Gloucester. St. 1883, c. 53.
Plymouth. St. 1883, c, 57.
Hampshire. St. 1883, c. 75., c. 80.
West Roxbury. St. 1883, c. 111.

Hi Public Statutes.

CHAPTER 157.

OF COURTS OF INSOLVENCY.

Sect. 103. An act relative to uaclaiiued dividends in insolvency. St.
18a3, c. 242.

CHAPTER 158.

OF JUDGES AND REGISTERS OF PROBATE AND INSOLVENCY.

Sect. 23. An act to establish the salary of tise judge of probate and
insolvencj" for the county of Essex. St. 1883, c. 244.

CHAPTER 159.

OF CLERKS, ATTORNEYS, AND OTHER OFFICERS OF JUDICLIL COURTS.

Masters in Chancery.

Sect. 48. The courts shall award special compensation to asses'sors,
masters and special masters, to be paid by the counties. St. 1883, c. 216.
Sect. 69. Amended. St. 1883, c. 54.^

CHAPTER 161.

OF THE COxMMENCEMENT OF ACTIONS AND THE SERVICE OF

PROCESS.

Venue of Actions.

Sects. 1,12. Suits in equity may be br )ught in an}- county where a per-
sonal transitory action ma}' be brought. St. 1883, c. 223, §13.

CHAPTER 167.

OF PLEADINGS AND PRACTICE.

Sect. 43. "Whenever an amendment is allowed in the superior court,
under the provisions of this section, that court shall retain jurisdiction of
the cause. St. 1883, c. 223, §17.

CHAPTER 169.

OF WITNESSES AND EVIDENCE.

Witnesses.

An act to enforce the attendance of witnesses before special tribunals.
St. 1883, c. 195.

Depositions.

Sect. 28. Amended. St. 1883, c. 188, § 1.
Sect. 41. Amended. St. 1883, c. 188, § 2.

Table of Ciiaxges. liii

CHAPTER 183.

OF THE TRUSTEE PROCESS.

An act concerning costs under the trustee process. St. 1883, c. 62.

CHAPTER 19-2.

OF MORTGAGES OF PERSONAL PROPERTY.
Sects 1, 2. These sections are stridden out and new ones substituted.
St. 1883, c. 73.

CHAPTER 203.

OF OFFENCES AGAINST PROPERTY.

Sect. 79. Amended. St. 1883, c. 81.

St. 1883, c. 77, provides a punishment for the wilful detention of books,
etc.

Malicious Mischief.

Sect. 103. St. 1883, c. 156, provides a punishment for an}' person who
tears down or defaces town meeting warrants or any notice or paper posted
in compliance with law.

CHAPTER 208.

OF OFFENCES AGAINST THE PUBLIC HEALTH.

An act relating to the adulteration of food and drugs. St. 1882, c. 2G3,
§ 5 amended by St. 1883, c. 263.

CHAPTER 212.

OF EXAMINATION, COMMITMENT, AND BAIL.

Sect. 26. If a trial justice fails to attend at an adjourned examination
or trial, any other for the county maj* attend. St. 1883, c. 175.

CHAPTER 213.

OF INDICTMENTS, PROSECUTIONS, AND PROCEEDINGS BEFORE TRIAL.

Sects. 15, 30. When a person is committed to the state lunatic hospi-
tal, under the provisions of these sections, the charges of his support shall
be paid by the Commonwealth. St. 1883, c. 148, § 2.

CHAPTER 214.

OF TRIALS AND PROCEEDINGS BEFORE JUDGMENT.

Sects. 16, 19, 20. When a person is committed to the state Innatic'hos-
pital, under tiie provisions of these sections, the charges of his support
shall be paid by the Commonwealth. St. 1883, c. 148, § 2.

liv Public Statutes.

CHAPTER 219.
OF THE COMMISSIONERS OF PRISONS.

Sect. 10. For expenses as authorized by this section, a sum not exceed-
ing two hundred dollars. St. 1883, c. 198, §1.

Sects. 26, 27. An act making appropriations for the a=!sistance of con-
victs discharged from the state prison at Concord. St. 1883, c. 21.5.

Sect. 27. An act making ap[)ropriations for tlie assistance of female
convicts discharged from the prisons of this Commonwealth. St. 1883,
c. 213.

CHAPTER 221.

OF th:e state prison and the reformatory prison for women.

So much of this cha!)ter as is inconsistent with St. 1883, c. 267, is re-
pealed. St. 1883, c. 267, § 6.

Sect. 17. An act relating to the employment of prisoners. St. 1883, c,
217. The number to be employed on contract work limited.

Sects. .54-58, inclusive. The provisions of these sections apply to the
superintendent. St. 1883, c. 2G7, § 5.

Sect. 60. Amended. St. 1883, c. 267, § 5.

A TABLE SHOWING THE SUBJECTS OF LEGISLATION IN 1883,
AVITH KEFERENCES TO THE STATUTES OF THE COM-
MONWEALTH AND TO THE PUBLIC STATUTES.

ADMINISTRATORS.

public, funds received from, Low
claimed, amending P. S. c. 131,

sU8 St. 1883, c. 264

ADULTERATION.

of food and drugs. St. 1882, c. 263,

^^ 5, amended St. 1883, c. 263

AGRICULTURE, BOARD OF.
salarv of secretary', amending P. S.

e. 20, H St. 1883, c. 184

ALMSHOUSE, STATE.

at Tewlcshury, one person maj' be
superintendent and resident phy-
sician, relating to P. S. c. 86 . .

St. 1833, c. 278
ANIMALS.

See Deee.
APPEALS.

from orders passed by boards of health,
amending P. S. c. 80, v^ 88 . . .

St. 1883, c. 133.
P. S. c. 150, ij 14, relating to proceed-
ings when exceptions are friv-
olous, extended to appeals . . .

St. 1883, c. 223, § 15

APPORTIONMENT.

of taxes.

See Taxes.
ASSESSMENT,
of taxes.

See Taxes.
ASSESSORS.

of taxes, returns and copies of valua-
tion books of, when to be deposit-
ed, relating to P. S. c. 11, ^^^ 54, 55,

St. 18S3, c. 91
compensation of, for duties per-
formed under direction of court.
See Masters in Chancery.
election of.

See Towns and Town Officers.
ATTORNEYS AT LAW.

women who are, may 1)C authorized
to administer oaths, etc., relating
to St. 1882, c. 139 . . St. 1883, c. 252
BALLOTS.

at recount of, contesting candidates
mav be present, etc., relating to
P. S. c. 7, ^^ 52 . . . St. 1883, c. 42
BIRDS.

English sparrows may be taken or
killed; amending P. S. c. 92, ij 6,

St. 1883, c. 36
See Ohnithology.

BIRTHS.

returns of, by physicians and mid-
wives, amending P. S. c. 32, ^ 7,

St. 18S3, c. 158
BOARDING- HOUSES AND LODGING
HOUSES.

persons procuring entertainment at,
with intent to defraud, sul>ject to
provisions of P. S. c. 102, sj 13 .

St. 1883, c. 187, § 1
keepers to post copies of P. S. c. 102,

§ 13, as amended, St. 1883, c. 187, 'J 2.
See Bi'iLDiNOs.
BODIES FOR BURIAL.
See BuKiAL.
BONDS AND NOTES.

See Uailroads.
BUILDINGS.

inspection of, genei'al provisions re-
quiring watchmen, fire-escapes,
etc., in hotels, boarding or lodging
houses, penalty prescribed in P.
S. c. 104 5^ 22, applied to this act,

St. 1883, c. 2.51
unsafe elevators in, shall be placarded
by inspectors and not run : pen-
alty for removing placard or for
running elevator, relating to P. S.

c. 104 St. 1883, c. 173

BURIAL.

certilicate required before permit to

bury or remove body in certain

cases, amending P. S. c. 32, ^ o,

St. 1883, c. 124, ^<i 1
lot of husband, rights of wife in ; may
be released same as dower, relat-
ing to P. S. c. 147 and c. 82, ^^ 3 .

St. 1883, c. 262
CEMETERIES.

records of burial lots in, amendintc

P. S. c. 82, s^ 6 . . . St. 1883, c. 142
CHILDREN.

care and education of neglected,
amending P. S. c. 48, ^U9 . . .

St. 1883, c. 245
employment of, in manufacturing and
other establishments, jjrovisions
concei'ning, amending P. S. c. 48,

4 1 St. 1883, c. 224

employment of minors and women,
P. S. c. 74, ^S 4 amended . . .

St. 1883, c. 157
indigent and neglected, P. S. c. 84,
j 21, amended by inserting the
words, "or St. Marv's infant
Asylum "... St. i8S3, c. 232, ^S 1

Ivi

Subjects of I^ew Legislatiox, 1883.

CHIIjD'R'ET^— Continued.

St. Mary's Infiint As3inni, subject to
provisions of P. S. c. 86, 6^ 44, 46,

St. 1883, c. 232, ^^ 2,3
CITY.

See Towns and Town Officers.
COAL.

See Sales.

COLOR BLINDNESS.

See Raii.koads.
COMMON CARRIERS.

not to tniiisi)ort bodies of persons wbo
have (lied of certain diseases un-
less, etc., P. S. c. 32, ^^ 5 amended

St. 1883, c. 124

CO-OPERATIVE SAVING FUND AND
LOAN ASSOCIATIONS.

name of, cliaiifjed to " co-operative
hanks," amendinft P. S. c. 117.

§S St. 1883, c. 98, ^S^ 1-3

title of P. S. c. 117, changed . ...

St. 1883, c. 98, i 2
CORPORATIONS.

municipal and otiier, to make returns
of acceptance or rejection of acts,
etc.; relating to P. S. chapters
10.5 to 119, etc. . . St. 1883, c. 100
foreign mining, quarr3'ing and oil
companies taxation of, amending
St. 1882, c. 106, § 4 . St. 1883, c. 74
insolvent, receivers of certain insol-
vent cor|)orations having un-
claimed nionevs, P. S. c. 119, 5
173; c. 116, ^S 44, repealed . . .

St. 1883, c. 258
COSTS.

on removal of suits in equit5', pending
in superior court, to supreme ju-
dicial court; relating to P. S. c.
152, c, 153 . St. 1883, c. 223, ^^^J 8, 9.
when trustee is sued bv defendant,

relating to P. S. c. 183. St. 1883, c. 62
when trial ju^^tice fails to attend ad-
journed trial or examination and
another attends; P.S. c. 212, ij 26
amended . . . St. 1883, c. 175, § 2
CRIMINAL INSANE.

support of, relating to P. S. c 213,
§5S 15, 30, and c. 214, (f^ 16, 19, 20,

St. 1883, c. 148
CROSSINGS.

railroad ijrade, gates and flagmen at,
relating to P. S.c. 112, v^ 166 . .

St. 1883, c. 117
DAMAGES.

sustained by laying out, etc., high-
ways, payment of, when persons
claiming have separate, different
or contingent estates ; amending
P. S. c. 49, H8 . • . St. 1883, c. 253
DEER.

protected within the counties of Plym-
outh and Barnstable, relating
to P. S. c. 92 . . . St. 1883, c. 169
DEGREES.

See Medical Societies.
DEPOSITIONS.

relating to the taking of, amending

P. S. c. 169, sS^ 28, 41

St. 1883, c. 188, iSW,2

DISORDERLY PERSONS.

on public conveyances, how punished,
relating to P. S. c. 103, y^^ 17, 18,

19 St. 1883, c. 102

DISTRICT AND OTHER POLICE.
railroad and steamboat jjolice how
sworn, and tenure of otiice, amend-
ing P. S. c. 103, § 15 . St. 1883, c. 6
ELECTIONS.

Sec Ballot.s ; Towns and Town Officehs.
ELECTRIC LIGHTS.

certain provisions of P. S. c. 109, to
apply to lines of . . St. 1883, c. 221

ELEVATORS.

unsafe, shall be placarded by inspec-
tors and not run; penalty for
removing placard or for running
elevator, relating to P. S. c. 104 .

St. 1883, c. 173
EMPLOYMENT.

of minors and women in " mechanical
and mercantile " e£tal)lishments
included in P. S. c. 74, ij 4,

St. 1883, c. 157
of prisoners, relating to P. S. c. 221,

^S 27 St. 1883, c. 217

See Childiien.
EQUITY.

suits in, may be brought in any
county where a personal transi-
tory action, may be brought. P. S.
c. 161, §^^ 1, 12 . St. 1883, c. 223, § 13
See SuPEKioR Court; Supreme Judicial

Court.
EQUITY PLEADINGS.

precedents of bill, answer, and demur-
rer, St. 1883, c. 223 relating to P.
S c. 151, s^7.
ESSEX, COUNTY OF.

salarj' of the judge of i)robate and in-
solvency, relating to P. S c. 158,

§23 St. 1883, c. 244

EVENING SCHOOLS.

See Schools, Evening.
EXAMINATION.

See Trials.
EXCEPTIONS.

P. S. c. 150, ^\i, relating to proceed-
ings when exceptions are friv-
olous, extended to appeals . . .

St. 1883, c. 223, 5 15
FARES.

See Railroads.

FERTILIZERS, COMMERCIAL.

licenses to sell, manner of issuing,
P. S. c. 60, § 17, repealed . . .

St. 1883, c. 29
FISH AND FISHERIES.

in the Acushnet River, relating to

P. S. c. 91 . . . . St. 1883, c. 180
in North River in the county of Plym-
outh ; St. 1881, c. 44, ^^ 4 amended,

St. 1883, c. 76
permits for fishing in tidal waters of
Merrimack River, who may issue,
relating to P. S. c. 91, "St. 1883, c. 121
P. S. c. 91, §§ 36-39 inclusive, re-
stricted by an act relative to fish-
ing in the Merrimack River . .

St. 1883, c. 31

Subjects of ^ew Legislation, 1883.

Ivii

FOOD.

adulteration of, St. 1882, c. 263. ^ 5,

amended, St. 1883, c. 263

GAMING HOUSES.

common, persons present at games in,
punished, amending P. S. c. 90,
no St. 1883, c. 120

HARBOR AND LAND COMMISSION-
EKS.

to provide for removal of obstructions
from tide-waters, relating to P S.
c. 97 St. 1883, c. 260

surplus of fund established by St.
1S60, c. 200, ^<> 3, how to be ap-
plied, relating to P. 8. c. 19 . .

St. 1883, c. 79
HAWKERS AND PEDLERS.

anj' city may by ordinance make regu-
lations respecting sale of articles
enumerated in P. S. c. 68, § I . .

St. 1883, c. 168

persons over seventy years of age
may have free license, relating to
P. S. c. 68 St. 1883, 0.118

HEALTH, BOARD OP.

appeals from orders passed bv, amend-
ing P. S. c. 80, I 88 . 8t 1883, c 133
local lioartls to notify state Ijoard of
cases of small-pox, relating to P.
S. c. bO, ^8 . . St. 1883, c. 138, ^ 1
town or city to forfeit expense if no-
tice of small-pox is not given,
relating to P. S. c. 80, § ii3 . . .

St 1883, c. 138, ^^ 2
local boards shall cause provisions of
St. 1883, c. 230,to be enforced . .

St. 1883, c. 230, §2
HIGHWAYS.

laying out of, etc. See Damages.

HOTELS.

inspection of. See Buildings.

INQUESTS.

provision for fees of witnesses and
otticers attending at, amending
P. S. c. 26, ^ 25 . . . St. 1883, c. 61
INSANE.

provisions for the discharge or tempo-
rary release of, relating to P. S.

c 87 St. 1883, c. 78

See Criminal Insane.

INSOLVENCY.

unclaimed dividends to lie deposited
or invested, relating to P. S. c.
157, yU03 St. 1883, c. 242

INSURANCE COMPANIES.

examination of, amending P. S c. 119,

K' St. 1883, c. 235

forcifin, delivery of deposits to trus-
tees, relating to P. S. c. 119, § 218.

St. 1883, c. 107, { 1
form of securities deposited by foreign
company, ho\v changed; relating

to P. S c. 119, § 218

St. 1883, c. 107, i 2

INSURANCE COMF ANTES -Continued.
may insure against perils by tempests
on land, relating to P. S. c. 119 .

St. 1883, c. 33, } 4
not to re-insure in companies not au-
thorized to transact l)usiness in
tills Commonwealth, relating to
P. S. c. 119, ^^^N 122, 152 ....

St. 1883, c 33, § 1
not to take certain risks in fire insur-
ance districts, etc., exceeding net
assets, relating to P. S. c. 119,
§ 133 . . . ; . St. 1883, c. 33, ^ 2
receivers of insolvent companies to
deposit books, relating to P. S.
c. 119, (<; 171 . . St. 1883, c. 33, ^ 5
re-insiirancu of outstanding risks,
amending P. S. c. 119, ^ll . .

St. 1883, c 126
returns of, commissioner to furnish
blanks; relating to P. S. c. 119,

St. 1883, c. 33, § 3
suit may be brought to enforce, etc.,
trust created l)y making deposit,
relating to P. S". c. 119, .^218 . .

St. 1883, c. 107, ^ 3
unclaimed monev, deposit of l)y i-e-
ceivers; P. S. c. 119, ^S 173 re-
pealed .... St. 1883, c. 258, v^ 3

INTOXICATING LIQUORS.

licenses for sale of, relating to P. S.

c. 100, ^^5, .... St. 1883, c. 93

JURISDICTION.

of superior court in equity.

See Superior Court.

JUVENILE OFFENDERS.

relative to the trial of, amending P. S.

c. 89, ^^20 St. 1883, c. 110

LEGISLATIVE MANUAL.

distribution of, amending P. S. c. 4,

§9 St. 1883, c. 55

LIBRARY.

injur}- to property of, amending P. S.

c. 203, ^9 . . . . St. 1883, c. 81
wilful detention of book, etc., re-
lating to P. S. c. 203, ^9 . . .

St. 1883, c. 77
LICENSES.
See IlA\yKi;Rj' and Pedlers ; Fertilizers,

Co.VIMERCIAI. ; InTOXICAUNG LlCiUORS.

LODGING HOUSES.
See Boarding Hou.ses and Lodging
Houses; Buildings.

LOGS AND TIMBER.

transportation of, on the Connecticut
River, P. S. c. 94, \J 5 amended ;
St. 1882, c. 274, § 2 repealed . .

St. 1883, c. 183
MALICIOUS MISCHIEF.

punishment provided for any person
who tears down or defaces any
notice or paper posted in compli-
ance with law ; relating to P. S. c.
203, ^03 St. 1883, c. 156

Iviii Subjects of New Legislation, 1883.

MANUFACTURERS.

may riii.i; l]ells, use gongs, etc, to
notify worknii!!, on obtaining
permit from municipal autbor-
ities ; relating to P. S. c 74 . . .

St. 1883, c. 84
MASTERS IlSr CHANCERY.

special masters and assessors, special
compensation of, relating to P. S.
c. 1.59, §^H .... St. 1883, c. 216
MEASURES.

sale of coal hv, regulated, relating to
P. S. c. GO .'^ . . . St. 1883, c. 218
MEASURES, UNLAWFUL.

in possession of vendor, complaint
to be made against liim ; relating
to P. S. c.6o . . . St. 1883, c. 225
possession of unlawful measures by
vendor^/? w)rt/(;t/e evidence of in-
tent; relating' to P. S. c. 6.5 . . .

St. 1883, c. 225
MEDICAL SOCIETIES.

prohibited from conferiing degrees, re-
lating to P. S. c. llo. St. 1883, c. 268
MILK.

adulteration of.

See Adulteiiatiox.

MINING, QUARRYING AND OIL
COMPANIES

foreign, taxation of, amending St.

1882, c 106, M . . St. 1883, c. 74
MINORS.

employment of; P. S. c. 74, ^^ 4,

amended St. 1883, c. 157

MODERATORS.

and town clerks may appoint tellers
to assist them, reiatiiig to P. S c. 7,

<S n St. 1883, c. 229 ^ 1

MORTGAGES.

on personal jiroperty, where and when
to 1)6 recorded;' P. S. c. 192 ^^^'l 1,2
suiicrscded bv . . . St. lS83, c 73

MUNICIPAL COURT OF THE CITY
OF BOSTON.

See Poi.icp: and District Courts.
MUNICIPAL INDEBTEDNESS,
"net indebtedness" term found in P.
S. c 29, c. 116, etc.; dctined . .

St. 1883, c. 127
NOTES AND BONDS.
of railroads.

Sec Railroads.
NOTICES, LEGAL.

tearing down or defacing.

Sec Mai.iciovs Mischief.
OFFICERS

fees of, at inquests.

See Inquests.
ORNITHOLOGY.

how ]iersons engaged in the scientific
study of, may obtain certificate
permitting them to take nests and
eggs of, or take or kill undomcs-
ticatcd l)irds; amending P. S. c.
92, § 6 'St. 1883, c. 36

OVERSEERS OF THE POOR.
election of.

See Tow'NS and Town Officers.
PEDLERS.

See Hawkers and Pedlers.

PERSONAL PROPERTY.

mortgages of.

See Mortgages.
PHYSICIANS.

and midwives fo make returns of
births, amending P. S. c. 32, (J 7,

St. 1883, c. 158
POLICE.

railroad and steamboat, how sworn,
and tenure of office, amending
P. S. c. 103, y^ 15 . . St. 18S3, c. 65

POLICE AND DISTRICT COURTS.

of Gloucester, salary of clerk, P. S.

c. 154, § 64, amended . St. 1883, c. 53

of Hampshire, salary of the justice,
and terms of court, relating to
P. S. c. 154, ^U4 . . St. 1883, c. 75

of Hampshire, salary and duties of
clerk, relating to'P.S.c. 154, ^64,

St. 1883, c. 80

of Eastern Middlesex, Second Dis-
trict, provision tor clerk and
salary, relating to P. S- c. 154, §
64 St. 1883, c. 97

of Plymouth, F^rst District, salary
of clerk ; so much of P. S. c. 154,
§ 64 as is inconsistent herewith,
repealed St. 1883, c. 57

of West Koxbury, salary of the jus-
tice, relating' to H. S. c. 1.54, § 64,

St. 1883, c. Ill

municipal court of the City of Boston,
extra clerical assistance, P. S.
c. 1.54, § 58, second paragraph
amended St. 1883, c. 47

POLLS AND ESTATES.

of cities and towns established for the
decade ending 1892, relating to
P. S. c. 11 .... St. 1883, c. 71
POULTRY.

to be properl}' dressed before sale,

penalty, . . St. 1883, c. 2-30, §§ 1, 2
act does not apply to green eeese,
etc , relating to P. S. c. .58."

St. 1883, c. 230, ^13
PRISONERS.

committed to state lunatic hospital,
charges therefor to be paid by
state, relating to P. S. c. 213, y(>5
15, 30, and c. 214, ^^^ 16, 19, 20,

St 1883, c. 148, § 2
employment of, relating to P. S. c. 221,

^27 St. 1883, c. 217

RAILROADS.

cash fare over ten cents in excess of
rates at ticket office not to be de-
manded or received, jtenaltv; re-
lating to P. S. c. 112, § 180 ." . .

St. 1883, c. 32

Subjects of ^ew Legislation, 1883.

lix

S.AILiROAJiS— Continued.

certain Itonds and notes of, not to be
invalid, relating to P. S. c. 112,
§62 St. 1883, c. 7

color-blindness, examination of em-
plovi^s for, amending P. S. c. 112,
^U79 St. 1883, c. 125

gates and flagmen at grade-crossings,
relating to P. S. c. 112, >J 166 . .

St. 1883, c. 117

liability of, for conveying bodies of
persons who have died of certain
diseases, P. S. c. 32, {j 5, amended,

St. 1883, c. 124

punishment of disorderly persons on
raih'oads and other public con-
veyances, amending P. S. c. 103,
§fU, 18, 19 . . . . St. 1883, c. 102

responsibility of, for negligently caus-
ing death of employ(;'S, amending
P. S. c. 112, §_ 212, . . St. 1883, c. 243

tenure of offlce of railroad and steam-
boat police, amending P. S. c. 103,

^15 St. 1883, c. 65

REAL ESTATE.

sold for non-payment of sewer as-
sessments, how redeemed, amend-
ing P. S. c. 50, §5 . . St. 1883, c 145

sale of real estate taken for non-pay-
ment of taxes, amending P. S. c.
12, s^i 58 St. 1883, c. 101

sale of, by savings banks, time for
selling extended ; relating to P. S.
c. 116, ^S 20, cl. 8, and to St. 1882,

c. 200, §1 St. 1883, c. 52

RECEIVERS.

See Insurance ; Savings Banks.
RECORDS.

of burial lots.

See Cemeteries.

REFORMATORY PRISON FOR
WOMEN.

office of treasurer and steward abol-
ished, etc. ; so much of P. S. c.
221 as is inconsistent herewith
repealed St. 1883, c. 267

cost of removal of prisoners, relating

to P. S. c. 219, ^S 10 . St. 1883, c. 198
SALARIES.

of police, district and municipal
judges and clerks relating to

P. S. c. 154 s^ 64

St. 1883, c. 47 ; St. 1883, c. 53 ; St.
1883, c. 57; St. 1883, c. 75; St.
1883, c. 80; St. 1883, c. 97; St.

1883, c. Ill

probate judge in the county of Essex,
relating to P. S. c. 158, § 23 . .

St. 1883, c. 244

messenger in attendance in court in the
county of Suffolk, relating to
P, S. c. 159, ^ 69 . . .St. 1883, c. 54

clerk of the Secretary of the Com-
monwealth, relating to P. S. c.
15, ^0 St. 1883, c. 48

of the Secretary of the Board of Ag-
riculture, relating to P. S- c. 20,
6 4 St. 1883, c. 184

SALES.

of poultry regulated, relating to P. S.

c. 58 St. 1883, c. 230

of coal by measure, regulated, P. S.

c. 60 St. 1883, c. 218

of commercial fertili^iers, P. S. c. 60,

sS 17, repealed ... St. 1883, c. 29

SAVINGS BANKS.

investments of, restricted, relating to
P. S. c. 116, 5 20, cl. 4 ....

St. 1883, c. 202
may invest in bonds of Old Colony
Railroad, relating to P. S. c. 116,

^S 20 St. 1883, c. 134

provisions as to unclaimed money in
receiver's hands ; P. S. c. 116, § 44,
repealed, .... St. 1883, c. 258
P. S. c. 116, 6 20, cl. 8, extended . .

St. 1883, c. 248
time for selling certain real estate ex-
tended, relating to P. S. c. 116,
& 20, cl. 8, and St. 1882, c. 200, § 1,

St. 1883, c. 52
See Taxes.

SCHOOLS, EVENING.

establishment and maintenance of
evening schools in cities or towns
of ten thousand or more inhabi-
tants ; relating to P. S. c. 44 . .

St. 1883, c. 174
attendance of children, requirements
of P. S. c. 47, ^ 1, extended to .

St. 1883, c. 174

SECRETARY OF THE COMMON-
WEALTH.

salary of third clerk of, relating to

P. S. c. 15, §10 • • • St. 1883, c. 48
SEWER.

assessments, real estate sold for non-
payment of, how redeemed,
amending P. S. c. 50, 5 5 . . .

St. 1883, c. 145
SMALL-POX.

and other diseases ; bodies of persons
dying of not to be removed ex-
cept, etc., amending P. S. c. 32,

§5 St. 1883, c. 124, § 1

local boards of health to notify state
board, relating to P. S. c. 80, 5 78,

St. 1883, c. 138, § 1
town or city to forfeit expenses if
notice of, is not given, relating to
P. S. c. 80, § 83 . St. 1883, c. 138 § 2
STEAMBOAT.
police.
See District and Other Police.

SUPERIOR COURT.

jurisdiction in equity, P. S. c. 152.

St. 1883, c. 223

P. S. c. 151, excepting §§ 1. 12, 27, 28,
30, 31, 33, applies to suits in equity
in St. 1883, c. 223, ij 2

proceedings, processes and practice in
equity to conform as nearly as
may be to those of the supreme
judicial court; relating to P. S.
c. 151 ... . St. 1883. c. 223, § 3

Subjects of New Legislation, 1883.

SUPERIOR COURT— Continued.

for, lieariiifis in equity, shall always
be open, except on holidays; re-
lating to P. S. c. 1.52

St. 1883, c. 223, yS 4
suits in equity shall be entered upon
the same docket as other cases ;
processes when returnable ; re-
lating to P. S. c. 152

S. 1883, c. 223, ^ 5
proceedings when an appeal is taken ;
relating to P. S. c. 152 ....

St. 1883, c. 223, ^^ 6
on appeal from decree justice shall
report material facts ; relating to

P. S. c. 152 ; c. 153,

St. 1883, c. 223, ^ 7
removal of suits in equity, extend-
ing P. S. c. 152, 5 8

St. 1883, c. 223 ^^ 8
when it shall appear that suit pending
in superior court ought to be heard
with suit or cross -suit pending in
supreme judicial court, it may be
transferred; relating to P. S.
c. 152 .... St. 1883, c. 323, 5J 9
certain allegations in equity pleadings
may be omitted, relating to P. S.
c. iol, §5 . . St. 1883, c. 223, ^^ 10
how suits in equity may he com-
menced, relating to P. S. c. 152

St. 1883, c. 223, ^^ 11
injunction of one court not to be dis-
solved by the other court ; relat-
ing to P. S. c. 153

St. 1883, c. 223, ij 12
suits in, in equity, may belirought in
any county where transitory ac-
tion may be brought, P. S. c. 161,
$^ 1, 12 . . . St. 1883, c. 223, ^ 13
law and equity to be concurrently ad-
ministered, P. S. c. 151, ^^^^ 1, 2 .

St. 188.3, c. 223, §§ U, 17
may frame issues of fact, to be tried
by jury in equity cases ; relating

to P. S. c. 152,

St. 1883, c. 223, ^^ 16

when action at laAv is changed into

suit in equity in superior court,

jurisdiction shall be retained in

that court ; relating to P. S. c. 167,

$43 St. 1883, c. 223, $17

no suit shall be defeated on the
ground that there is an adequate
remedy at law, P. S. c. 151,

$ 2, St. 1883, c. 223, $ 17

schedule of forms ; relating to P. S. c.

151 and c. 152 . . St. 1883, c. 223
salarj' of messenger of justices, county
of Sutfolk, P. S. c. 1.59, § 69,

amended St. 1883, c. 54

SUPREME JUDICIAL COURT.
the phrase " full court " defined, P. S.

c. 150, $ 2 . . .St 1883, c. 223, § 2
P. S. c. 1.50, $ 14, proceedings when
exceptions or appeals are friv-
olous, amended. St. 1883, c. 223, $ 15
TAXES.

of foreign uiining, quarrying and oil
companies, amending St. 1882,
c. 106, $ 4 ... . St. 1883, c. 74

TA.'K'ES— Continued.

of savings banks, exemption of cer-
tain real estate held by them, re-
lating to P. S. c. 13, $ 20; c. 116,
$ 20, cl. 8 ; and St. 1883, c. 52 . .

St. 1883, c. 248
sale of property taken for non-pay-
ment of, amending P. S. c. 12,

$ 58 St. 1883, c. 101

polls and estates of several cities and
towns in the Commonwealth es-
tablished, relating to P. S. c. 11,

St. 1883, c. 71
valuation books to contain residences,
etc.; amending P. S. c. 11, $$ 52,
.53 .... St. 1883, c. 41, ^ 1, 2
See Assessors.
TIDE WATERS.

provisions for the removal of obstruc-
tions in, relating to P. S. c. 97 .

St 1883, c. 260
TIMBER.

transportation of, on the Connecticut
River ; P. S. c. 94, § 5 amended,
St. 1882, c. 274, 5 2 repealed . .

St. 1883, c. 183
TOWNS AND TOWN OFFICERS.
election of assessors and overseers of
the poor, new sections substituted
for P. S. c. 27, §i 65, 69, repealed,

St. 1883, c. 203
town clerks and moderators may ap-
point tellers to assist them, relat-
ing to P. S. c. 7, St. 1883, c. 229, $ 1
town warrants, posted in compli-
ance with the law, penalty for
defacing, P. S. c. 203, $ 103 . .

St. 1883, c. 156
towns and cities having ten thousand
inhabitants to maintain evening
schools, P. S. c. 44 . St. 1883, c. 174
TREASURER OF THE COMMON-
WEALTH.

may employ additional clerk, salary ;
relating to P. S. c. 16, 6 17 . . .

St. 1883, c. 164
TRIALS.

or examinations; when adjourned
and trial justice fails to attend
any other for the county may
attend, relating to P. S. c. 212, $ 26,

St. 1883, c. 175
See Juvenile Offendeks.

TRUSTEE PROCESS.

costs when trustee is sued by defend-
ant, relating to P. S. c. 183 . . .

St. 1883, c. 62

VINEGAR.

inspection of, amending P. S. c. 60,

$ 69 St. 1883, c. 257, § 1

compensation of inspector, relating to
P. S. c. 60, $ 71 . St. 1883, c. 2.57, § 2
WIFE.

entitled to right of interment in burial
lot or tonib of husband; relating
to P. S. c. 82, $ 3.

See IJuKiAL.

Subjects of ^ew Legislation, 1883.

Ixi

■WARRANTS.

town meeting.

See Towns, etc.
■WITNESSES,

attendance of, before special tribu-
nals, how enforced, relating to
P. S. c. 169 . . . . St. 1883, c. 195
fees of, for attendance at inquests,
amending P. S. c.26, ^s 25 . . .

St. 1883, c. 61

WOMEN.

who are attorneys at law may be au-
thorized to administer oaths, etc.,
relating to St. 1882, c. 139 . . .

St. 1883, c. 252
See Employment; Refoematoky Prison.
"WRECKS.

provisions for the removal of, in tide
waters, relating to P. S. c. 97 . .

St. 1883, c. 260

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